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MONTGOMERY WARD & CO. v. PACIFIC INDEM. CO.

No. 76-2092.

557 F.2d 51 (1977)

MONTGOMERY WARD & CO., INC. v. PACIFIC INDEMNITY COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 7, 1977.

Attorney(s) appearing for the Case

John W. Jordan IV, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for appellant.

Stanley V. Ostrow, and G. Ashley Woolridge, Kaplan, Finkel, Lefkowitz, Roth & Ostrow, Pittsburgh, Pa., for appellee.

Before VAN DUSEN, GIBBONS and GARTH, Circuit Judges.

Submitted under Third Circuit Rule 12(6) March 28, 1977.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal is from an award of attorney's fees incurred as a result of bringing a declaratory judgment action in a diversity case.1 Although the district court recognized that state law will normally govern the award of attorney's fees in diversity cases, the court found that, irrespective of state law and as part...

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