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ACandS, INC. v. AETNA CAS. & SUR. CO.

Nos. 80-2659, 80-2660.

666 F.2d 819 (1981)

ACandS, INC., Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Appellee, and The Travelers Indemnity Company and The Travelers Insurance Company, Appellees. ACandS, INC., Appellee, v. The AETNA CASUALTY AND SURETY COMPANY, Appellee, and The Travelers Indemnity Company and The Travelers Insurance Company, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 9, 1981.

As Amended December 22, 1981.

Attorney(s) appearing for the Case

Richard G. Schneider, Frank H. Griffin, III (argued), Mark C. Rahdert, Dechert, Price & Rhoads, Philadelphia, Pa., for ACandS, Inc.

Tyson W. Coughlin, Linda S. Martin, Philadelphia, Pa., William H. Black, Jr. (argued), Andrew C. Hecker, Jr., Hecker, Maginnis, Rainer & Brown, Philadelphia, Pa., for The Travelers Indemnity Co. and The Travelers Insurance Co.; Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., of counsel.

Richard K. Masterson (argued), Margaret Mary Maguire, Masterson, Braunfeld, Himsworth & Maguire, Norristown, Pa., for The Aetna Casualty and Surety Co.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and MEANOR, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

ACandS, Inc. appeals from an order dismissing its suit against The Aetna Casualty & Surety Company (Aetna), The Travelers Indemnity Company and The Travelers Insurance Company (Travelers) for declaratory relief and for damages.1 Travelers also appeal from an order of the district court dismissing their cross-claim for a declaratory judgment against ACandS and Aetna. We conclude...

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