ALLSTATE INS. CO. v. 65 SEC. PLAN

No. 88-5826.

879 F.2d 90 (1989)

ALLSTATE INSURANCE COMPANY, Appellant, v. THE 65 SECURITY PLAN, Lindemuth, Michael.

United States Court of Appeals, Third Circuit.

Decided July 19, 1989.


Attorney(s) appearing for the Case

Thomas E. Brenner (argued), Goldberg, Katzman & Shipman, P.C., Harrisburg, Pa., for appellant.

Stephen C. Richman (argued), Paula R. Markowitz, Markowitz & Richman, Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM, STAPLETON, and COWEN, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge.

This is an appeal from an order granting summary judgment in favor of defendant-appellees Michael Lindemuth ("Lindemuth") and The 65 Security Plan ("the Plan") against plaintiff-appellant Allstate Insurance Co. ("Allstate"). The core issue that Allstate seeks to have determined in this declaratory judgment action is whether its medical insurance coverage of Lindemuth or that of the Plan is primary. We conclude...

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