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FIRST STATE UNDERWRITERS v. TRAVELERS INS. CO.

Nos. 85-5104, 85-5341.

803 F.2d 1308 (1986)

FIRST STATE UNDERWRITERS AGENCY OF NEW ENGLAND REINSURANCE CORPORATION v. TRAVELERS INSURANCE COMPANY and Certain-Teed Products Corporation and Rollins, Burdick, Hunter, Company of Pennsylvania, Inc., (Defendant third-party plaintiff) v. JOHNSON & HIGGINS OF PENNSYLVANIA, INC. (third-party defendant). Appeal of FIRST STATE UNDERWRITERS AGENCY OF NEW ENGLAND REINSURANCE CORPORATION.

United States Court of Appeals, Third Circuit.

Decided October 27, 1986.

As Amended November 18, 1986.

Rehearing and Rehearing Denied December 5, 1986.

Attorney(s) appearing for the Case

Mark L. Rosen (argued), Siff, Newman, Rosen & Parker, P.C., New York City, for appellant.

Kevin E. Wolff (argued), Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, Livingston, N.J., for Certain-Teed Corp.

Daniel J. Graziano, Jr., Smithson & Graziano, Trenton, N.J., for Rollins Burdick Hunter of Pa., Inc.

Samuel A. Larner (argued), Budd, Larner, Ken, Gross, Picillo, Rosenbaum, Greenberg & Sade, P.C., Newark, N.J., for Travelers Ins. Co.

Before WEIS, HIGGINBOTHAM and BECKER, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 5, 1986.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from the final orders of the district court in a declaratory judgment action brought by First State Underwriters Agency of New England Reinsurance Corporation ("First State") pursuant to 28 U.S.C. § 1332 and 28 U.S.C. § 2201. The United States District Court for the District of New Jersey (1) granted...

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