KOZYRA v. ALLEN

No. 91-5972.

973 F.2d 1110 (1992)

Barry A. KOZYRA, Arbitrator, Geraldine Della Buono, Appellant, v. Paul J. ALLEN; M & G Convoy, Third-Party Plaintiffs, v. Angelo SOLDANI, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided August 26, 1992.

Order Denying Rehearing September 18, 1992.


Attorney(s) appearing for the Case

Robert V. Falvey (argued), Michael Sussen, Pennsauken, N.J., for appellant.

Michael F. Nestor (argued), Anthony J. Iacullo, Tompkins, McGuire & Wachenfeld, Newark, N.J., for appellees, Paul J. Allen and M & G Convoy.

Before SLOVITER, Chief Judge, STAPLETON and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

In this diversity action, we are asked to predict whether the New Jersey Supreme Court would carve out an exception to its "entire controversy doctrine" in favor of the appellant on this appeal. Plaintiff-appellant Della Buono, the defendant in an earlier action, argues that she did not have a fair opportunity to present her claim for personal injuries because her insurance carrier did not correspond with her,...

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