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KIEWIT EASTERN CO., INC. v. L & R CONST. CO., INC.

Nos. 94-1434, 94-1439.

44 F.3d 1194 (1995)

KIEWIT EASTERN CO., INC.; Kiewit/Perini, a Joint Venture, et al. v. L & R CONSTRUCTION CO., INC.; CNA Insurance Company Kiewit Eastern Company, Inc. and Kiewit/Perini, A Joint Venture, Appellants in No. 94-1434 CNA Insurance Company, Appellant in No. 94-1439

United States Court of Appeals, Third Circuit.

Decided January 10, 1995.

Attorney(s) appearing for the Case

Jerrold P. Anders (argued), White & Williams, Philadelphia, PA, for appellants/cross-appellees Kiewit Eastern Co., Inc. and Kiewit/Perini, A Joint Venture.

Alexis L. Barbieri (argued), Lewis & Wood, Philadelphia, PA, for appellee L & R Const. Co., Inc.

R. Bruce Morrison (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for appellee/cross-appellant CNA Ins. Co.

Before: SCIRICA, NYGAARD and McKEE, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this diversity case, we are presented with disputes over coverage under two contracts, an indemnification agreement between a contractor and subcontractor and a subsequent insurance contract between the subcontractor and an insurance company. The primary issue is whether the indemnification agreement sufficiently waived the immunity granted employers under the Pennsylvania Workers' Compensation Act. The district...

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