EMPLOYERS INS. OF WAUSAU v. CROWN CORK & SEAL CO.

No. 91-1060.

942 F.2d 862 (1991)

EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company v. CROWN CORK & SEAL COMPANY, INC.; Aetna Casualty & Surety Company; Continental Insurance Company; Insurance Company of North America; Lumbermens Mutual Casualty Company; Firemen's Fund Insurance Company; Allianz Underwriters, Inc. Lumbermens Mutual Casualty Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 30, 1991.


Attorney(s) appearing for the Case

Mark M. Wilcox (argued) and Theresa W. Hajost, Drinker Biddle & Reath, Philadelphia, Pa., for appellant Lumbermens Mut. Cas. Co.

Gregory J. Castano (argued), Kenneth D. McPherson, Jr., Robert J. Donaher, Waters, McPherson, McNeill, Secaucus, N.J., and Michael J. Stack, Stack & Gallagher, Philadelphia, Pa., for appellee Crown Cork & Seal Co., Inc.

Before SLOVITER, Chief Judge, and GREENBERG and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Chief Judge.

Appellant Lumbermens Mutual Casualty Co., which, along with several other insurance companies and Crown Cork & Seal Co., their insured, was named as a defendant in the district court, appeals from the order dismissing the plaintiff's complaint for lack of subject matter jurisdiction. The district court determined that the parties were improperly aligned, and that once they were properly aligned, with all the...

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