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IMPERIAL CAS. & INDEM. CO. v. HIGH CONCRETE STRUCTURES, INC.

Nos. 88-1075, 88-1085 and 88-1108.

858 F.2d 128 (1988)

IMPERIAL CASUALTY AND INDEMNITY COMPANY, Appellant No. 88-1075 v. HIGH CONCRETE STRUCTURES, INC. and United States Fidelity & Guaranty Company High Steel Structures, Inc. d/b/a High Steel Service Center, Inc., Intervenor. IMPERIAL CASUALTY AND INDEMNITY COMPANY v. HIGH CONCRETE STRUCTURES, INC. and United States Fidelity & Guaranty Company High Steel Structures, Inc. d/b/a High Steel Service Center, Inc., Intervenor. Appeal of HIGH CONCRETE STRUCTURES, INC., Defendant and High Steel Structures, Inc., d/b/a High Steel Service Center, Inc., Intervenor. IMPERIAL CASUALTY AND INDEMNITY COMPANY v. HIGH CONCRETE STRUCTURES, INC. and United States Fidelity & Guaranty Company High Steel Structures, Inc. d/b/a High Steel Service Center, Inc., Intervenor. Appeal of UNITED STATES FIDELITY & GUARANTY COMPANY.

United States Court of Appeals, Third Circuit.

Decided September 26, 1988.

Rehearing and Rehearing Denied November 3, 1988.

Attorney(s) appearing for the Case

June E. Gilson (argued), German, Gallagher & Murtagh, Philadelphia, Pa., for Imperial Cas. & Indem. Co.

John L. Sampson (argued), Matthew G. Guntharp (argued), Lancaster, Pa., for High Concrete Structures, Inc., High Steel Structures, Inc., d/b/a High Steel Service Center, Inc.

Albert J. Schell, Jr., Allan C. Molotsky (argued), Post & Schell, Philadelphia, Pa., for U.S. Fidelity & Guar. Co.

Before STAPLETON and MANSMANN, Circuit Judges, and FISHER, District Judge.

Rehearing and Rehearing In Banc Denied November 3, 1988.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Having been sued in state court for breach of warranty, High Steel Structures, Inc. trading as High Steel Service Center, Inc. tendered the defense of the action to Imperial Casualty & Indemnity Co. ("Imperial"), which had issued it a professional liability policy, and to United States Fidelity & Guaranty Co. ("USF & G"), which had...

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