METRO TRANSP. CO. v. NORTH STAR REINSURANCE CO.

Nos. 89-2007 to 89-2009.

912 F.2d 672 (1990)

METRO TRANSPORTATION CO., t/a Yellow Cab Company, Official Creditors' Committee, Pennsylvania Public Utility Commission v. NORTH STAR REINSURANCE CO., Underwriters at Lloyd's of London, Northwestern National Insurance Company v. REPUBLIC HOGG ROBINSON OF PENNSYLVANIA, INC., f/k/a The Wirkman Company, H & W Underwriters. Appeal of Henry Ralph ROKEBY-JOHNSON, as Representative Underwriter of Those underwriters Subscribing to Certificate #272, 1489, improperly designated as Underwriters at Lloyd's of London, Appellant in No. 89-2007, Appellee in Nos. 89-2008 and 89-2009. Appeal of NORTHWESTERN NATIONAL INSURANCE COMPANY, Appellant in No. 89-2008, Appellee in Nos. 89-2007 and 89-2009. Appeal of NORTH STAR REINSURANCE COMPANY, Appellant in No. 89-2009, Appellee in Nos. 89-2007 and 89-2008.

United States Court of Appeals, Third Circuit.

Decided August 30, 1990.

Rehearing and Rehearing Denied October 10, 1990.


Attorney(s) appearing for the Case

Glenn C. Equi (argued), Lori A. Kradzinski, Harvey, Pennington, Herting & Renneisen, Ltd., Philadelphia, Pa., James A. McGuire, III, Mendes & Mount, New York City, for Henry Ralph Rokeby-Johnson, appellant in No. 89-2007 and appellee in Nos. 89-2008 and 89-2009.

Richard M. Jordan (argued), Michael N. Onufrak, White and Williams, Philadelphia, Pa., for Northwestern Nat. Ins. Co. appellant in No. 89-2008, appellee in Nos. 89-2007 and 89-2009.

Andrew C. Hecker, Jr. (argued), Hecker, Brown, Sherry and Johnson, Philadelphia, Pa., for North Star Reinsurance Co. appellant in No. 89-2009, appellee in Nos. 89-2007 and 89-2008.

Kevin W. Walsh (argued), Adelman, Lavine, Gold and Levin, Philadelphia, Pa., for Metro Transp. Co., appellee in Nos. 89-2007, 89-2008 and 89-2009.

William G. Downey (argued), James H. Pickering, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for The Official Committee of Unsecured Creditors, appellee in Nos. 89-2007, 89-2008 and 89-2009.

John F. Povilaitis, Chief Counsel, H. Kirk House, Deputy Chief Counsel, Alan Kohler (argued), Asst. Counsel, Pennsylvania Public Utility Com'n, Harrisburg, Pa., for Pennsylvania Public Utility Com'n appellees in Nos. 89-2007, 89-2008 and 89-2009.

Before BECKER, GREENBERG and GARTH, Circuit Judges.


Rehearing and Rehearing In Banc Denied October 10, 1990.

OPINION OF THE COURT

GARTH, Circuit Judge:

Metro Transportation Company ("Metro"), a taxi company in Philadelphia that has filed in bankruptcy under Chapter 11 of the Bankruptcy Code (11 U.S.C. § 1101 et seq.) brought this action for declaratory judgment in the Eastern District of Pennsylvania to determine whether the liability for third party claims against Metro must be borne...

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