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BANKERS & SHIPPERS INS. CO. OF N. Y. v. McELVEEN

No. 81-1252.

668 F.2d 185 (1981)

BANKERS AND SHIPPERS INSURANCE COMPANY OF NEW YORK, Appellant, v. Edward McELVEEN, Appellee, and Salvatore Fazzolari and Patricia Fazzolari, his wife, Intervenors, and Allstate Insurance Company, Intervenor.

United States Court of Appeals, Third Circuit.

Decided December 18, 1981.

Attorney(s) appearing for the Case

Steven R. Waxman, Arthur W. Hankin, Bolger & Picker, Philadelphia, Pa., for appellant.

George L. Young, Jr., James M. Marsh, Edwin F. McCoy, LaBrum & Doak, Philadelphia, Pa. for Edward McElveen and Allstate Insurance Co.

Ferrara & Waldman, Philadelphia, Pa., for Salvatore Fazzolari and Patricia Fazzolari; Michael J. Waldman, Philadelphia, Pa., on brief.

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

Submitted Under Third Circuit Rule 12(6) November 16, 1981.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Bankers and Shippers Insurance Company of New York (Bankers) appeals from a declaratory judgment that it is obliged to defend and indemnify Edward McElveen with respect to an accident on August 26, 1978 in which Salvatore Fazzolari and Patricia Fazzolari were injured. The Fazzolaris have a suit pending...

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