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PIERCE ASSOCIATES, INC. v. NEMOURS FOUNDATION

Nos. 88-3053, 88-3260 and 88-3263.

865 F.2d 530 (1988)

PIERCE ASSOCIATES, INC. and Federal Insurance Co., Appellants and Cross-Appellees, v. The NEMOURS FOUNDATION, Gilbane Building Company, and the Aetna Casualty & Surety Company, Appellees and Cross-Appellants.

United States Court of Appeals, Third Circuit.

Decided December 29, 1988.

As Amended January 6, 1989.

Rehearing and Rehearing Denied February 3, 1989.

Attorney(s) appearing for the Case

Henry W. Sawyer, III (argued), Drinker, Biddle & Reath, Burt M. Rublin, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for appellant and cross-appellee Pierce Associates, Inc.

Heron, Burchette, Ruckert & Rothwell, Washington, D.C., for appellant and cross-appellee Federal Ins. Co.

George Anthony Smith (argued), Smith, Currie & Hancock, Atlanta, Ga., Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellee and cross-appellant The Nemours Foundation.

John Anthony Wolf (argued), Ober, Kaler, Grimes & Shriver, Baltimore, Md., Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., for appellees and cross-appellants Gilbane Building Co. and The Aetna Cas. & Sur. Co.

Before SLOVITER and HUTCHINSON, Circuit Judges, and DEBEVOISE, District Judge.

Rehearing and Rehearing In Banc Denied February 3, 1989.

OPINION OF THE COURT

DEBEVOISE, District Judge.

I. The Parties and the Proceedings

The Nemours Foundation ("Nemours") owns the Alfred I. duPont Institute Children's Hospital in Wilmington, Delaware. In January 1980 Nemours entered into a general contract with Gilbane Building Company ("Gilbane") for completion of the interior of the Hospital. The Aetna Casualty & Surety...

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