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HARDINGER TRANSFER v. FIREMAN'S INS. CO., ETC.

No. 78-2538.

604 F.2d 1389 (1979)

HARDINGER TRANSFER COMPANY, INC., Appellant, v. FIREMAN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY.

United States Court of Appeals, Third Circuit.

Decided August 22, 1979.

As Amended September 24, 1979.

Attorney(s) appearing for the Case

Wallace J. Knox, Knox, Graham, McLaughlin, Gornall & Sennett, Inc., Erie, Pa., for appellant.

Jerome W. Kiger, Grogan, Graffam, McGinley & Solomon, Pittsburgh, Pa., for appellee.

Before ADAMS, ROSENN and HIGGINBOTHAM, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) July 13, 1979.

OPINION OF THE COURT

PER CURIAM.

In this diversity case, a trucking company sued its insurance carrier to recover for damage to equipment it was transporting. The damage occurred when the equipment slid off the flatbed of a truck as a result of an incline in the road. The district court concluded that the damage was not within the risks covered by plaintiff's insurance policy because the damage...

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