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LOVELL MFG. v. EXPORT-IMPORT BANK OF THE U.S.

No. 87-3206.

843 F.2d 725 (1988)

LOVELL MANUFACTURING, A DIVISION OF PATTERSON-ERIE CORPORATION, Appellee, v. EXPORT-IMPORT BANK OF THE UNITED STATES and Aetna Casualty and Surety Company, Inc., Aetna Insurance Company, American Mutual Liability Insurance Company, Atlantic Mutual Insurance Company, Commercial Union Insurance Company, Continental Casualty Company, Continental Insurance Company, Employers Insurance of Wausau, Federal Insurance Company, Fireman's Fund Insurance Company, Hanover Insurance Company, Hartford Accident and Indemnity Company, Home Insurance Company, Liberty Mutual Insurance Company, Lumbermans Mutual Casualty Company, Reliance Insurance Company, Royal Indemnity Company, St. Paul Fire and Marine Insurance Company, Travelers Indemnity Company, and United States Fire Insurance Company, t/d/b/a Foreign Credit Insurance Association and Foreign Credit Insurance Association, individually and as agent of all of the above defendants, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 31, 1988.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., J. Alan Johnson, U.S. Atty., Donald E. Lewis, Asst. U.S. Atty., Robert M. Hollis (argued), J. Christopher Kohn, Daniel E. Loeb, Irene Hirata, Attys., Civ. Div. U.S. Dept. of Justice, Washington, D.C., for appellant Export-Import Bank of the U.S.

Elliot E. Polebaum (argued), Henry A. Hubschman, Robert P. Parker, Fried, Frank, Harris, Shriver and Jacobson, Washington, D.C., for appellant Foreign Credit Ins. Ass'n and Its Member Companies.

James T. Marnen (argued), Knox, Graham, McLaughlin, Gornall & Sennett, Erie, Pa., for appellee Lovell Mfg.

Before BECKER and SCIRICA, Circuit Judges, and FARNAN, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from a grant of summary judgment in favor of plaintiff Lovell Manufacturing Co. ("Lovell") and against defendants Export-Import Bank of the United States ("Eximbank") and Foreign Credit Insurance Association ("FCIA"), in a suit for recovery on an export credit insurance policy issued jointly by Eximbank and FCIA. 654 F.Supp. 63...

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