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OGDEN CORP. v. TRAVELERS INDEM. CO.

No. 582, Docket 90-7613.

924 F.2d 39 (1991)

OGDEN CORPORATION, Avondale Industries, Inc. and Connell Limited Partnership, Plaintiffs-Appellants, v. The TRAVELERS INDEMNITY COMPANY and American Motorists Insurance Company, Defendants-Appellees. The TRAVELERS INDEMNITY COMPANY, Third-Party Plaintiff-Appellee, v. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company and National Union Fire Insurance Company, Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 22, 1991.

Order Sur Petition for Rehearing March 13, 1991.

Attorney(s) appearing for the Case

Hugh N. Fryer (John P. Gasior, Fryer, Ross & Gowen, New York City, of counsel), for plaintiffs-appellants.

Seth A. Ribner (Barry R. Ostrager, Robert P. O'Brien, Simpson Thacher & Bartlett, New York City, of counsel), for defendant-appellee, The Travelers Indem. Co.

James M. Sweet (Paul McDonald, Drinker Biddle & Reath, Philadelphia, Pa., of counsel), for defendant-appellee, American Motorists Ins. Co.

Before FEINBERG, TIMBERS and MINER, Circuit Judges.

Order Sur Petition for Panel Rehearing March 13, 1991.

MINER, Circuit Judge:

Plaintiffs-appellants Ogden Corporation ("Ogden"), Avondale Industries, Inc. ("Avondale"), and Connell Limited Partnership ("Connell") (collectively "Appellants") appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Patterson, J.) dismissing their action to declare that defendants-appellees The Travelers Indemnity...

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