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ASPLUNDH MFG. DIV. v. BENTON HARBOR ENGINEERING

Nos. 94-1095, 94-1201.

57 F.3d 1190 (1995)

ASPLUNDH MANUFACTURING DIVISION, a DIVISION OF ASPLUNDH TREE EXPERT CO.; National Union Fire Insurance Company of Pittsburgh, PA. Asplundh Manufacturing Division and National Union Fire Insurance Company of Pittsburgh, PA, Appellants in No. 94-1201 v. BENTON HARBOR ENGINEERING, Benton Harbor Engineering, Appellant in No. 94-1095.

United States Court of Appeals, Third Circuit.

Decided June 20, 1995.

Attorney(s) appearing for the Case

Basil A. DiSipio (argued), Thomas Finarelli, Lavin, Coleman, Finarelli & Gray, Philadelphia, PA, for Asplundh Mfg. Div., a Div. of Asplundh Tree Expert Co. and Nat. Union Fire Ins. Co. of Pittsburgh.

John M. Corcoran (argued), Robert G. Kelly, Jr., Kelly, McLaughlin & Foster, Philadelphia, PA, for Benton Harbor Engineering.

Before: BECKER, ALITO, Circuit Judges, and GIBSON, Senior Circuit Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

The defendant, Benton Harbor Engineering ("Benton Harbor"), appeals from an order of the district court denying its motion for a new trial, and also from a judgment against it on a contribution claim brought by Asplundh Tree Expert Co. ("Asplundh") and by National Union Fire Insurance Company of Pittsburgh ("National Union"), Asplundh's liability insurance carrier. Asplundh and National Union sought to recover...

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