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AMERICAN INTERN. UNDERWRITERS v. ZURN INDUSTRIES

Civ. A. Nos. 89-24 Erie, 89-137 Erie.

771 F.Supp. 690 (1991)

AMERICAN INTERNATIONAL UNDERWRITERS CORPORATION, American Home Assurance Company, and Granite State Insurance Company, Plaintiffs, v. ZURN INDUSTRIES, INC., Defendant. ZURN INDUSTRIES, INC., Plaintiff, v. AMERICAN INTERNATIONAL UNDERWRITERS CORPORATION, American Home Assurance Company, and Granite State Insurance Company, Defendants.

United States District Court, W.D. Pennsylvania.

June 28, 1991.

Attorney(s) appearing for the Case

Jonathan M. Engram, Swift, Currie, McGhee & Hiers, Atlanta, Ga., James T. Marnen, Knox McLaughlin Gornall & Sennett, Erie, Pa., for plaintiffs in Civ. A. No. 89-24 Erie.

Natalie Dwyer Haller, Quinn Gent Buseck & Leemhuis, Inc., Erie, Pa., John C. McIntyre, Jr., Hart & McIntyre, Atlanta, Ga., for defendants in Civ. A. No. 89-24 Erie.

John H. McElhaney, Locke Purnell Rain & Harrell, Dallas, Tex., for plaintiffs in Civ. A. No. 89-137 Erie.

Jonathan M. Engram, Swift, Currie, McGhee & Hiers, Atlanta, Ga., C. Edward Fowler, Jr., Bailey & Williams, Dallas, Tex., for defendants in Civ. A. No. 89-137 Erie.

MEMORANDUM OPINION

MENCER, District Judge.

By its complaint, Zurn industries seeks to recover funds allegedly owed by several insurers under various excess insurance policies. The insurers, American International Underwriters Corporation (AIU), American Home Assurance Company (American), and Granite State Insurance Company (Granite), (collectively "the Insurers"), have filed their own complaint seeking a declaratory judgment stating that

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