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O'LEARY v. LIBERTY MUT. INS. CO.

No. 90-1344.

923 F.2d 1062 (1991)

O'LEARY, Robert and O'Leary, Patricia, h/w, Appellants, v. LIBERTY MUTUAL INSURANCE CO., Appellee.

United States Court of Appeals, Third Circuit.

Decided January 22, 1991.

Attorney(s) appearing for the Case

Jerome J. Verlin, Verlin & Verlin, Bala Cynwyd, Pa., for appellants.

Lawrence W. Robinson, Thompson & Pennell, Philadelphia, Pa., for appellee.

Before SLOVITER, BECKER and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 27, 1990.

OPINION OF THE COURT

BECKER, Circuit Judge.

Pursuing a claim under his employer's underinsured motorist coverage for injuries sustained in an accident occurring in the course of his employment, Robert O'Leary ("O'Leary") petitioned a state court to compel Liberty Mutual Insurance Co. ("Liberty Mutual") to appoint an arbitrator. The state court denied the petition on the ground that workmen...

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