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TRAVELERS INS. CO. v. H.K. PORTER CO., INC.

No. 94-3324.

45 F.3d 737 (1995)

TRAVELERS INSURANCE COMPANY, Appellant v. H.K. PORTER COMPANY, INC.; The Official Committee of Unsecured Creditors, of H.K. Porter Company, Inc.; Aiken County Public Schools; Altoona Area School District; Anderson County Public Schools; Barnwell School District #45; Berea Independent School System; Blackwell Public Schools; Central Dauphin Schools; Charleston County Public Buildings; Charleston County Public Schools; Chester County Public Schools; Dillon County Public Schools; Dyersburg City Schools; Fairbanks North Star Borough; Georgetown Public Schools; Greenville Hospital System; Greenwood School District #51; Hamilton County Public Schools; Horry County Public Buildings; Horry County Public Schools; Jasper County Public Schools; Kershaw County Public Schools; Kershaw School District; Lancaster County Public Schools; Lexington County Public Schools; Mt. Lebanon School District; Natrona County Schools; Orangeburg School District #6; Orangeburg County Public Buildings; Pekin School District; Richland County School District; Rowan County Public Schools; University of South Carolina; Wake County Public Schools; Washington County Public Schools; Williamsburg Public Schools.

United States Court of Appeals, Third Circuit.

Decided January 17, 1995.

Attorney(s) appearing for the Case

Mark J. Thompson (argued), Simpson, Thacher & Bartlett, New York City, for appellant.

Joseph E. Schmitt, George T. Snyder (argued), Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, PA, for H.K. Porter Co., Inc., appellee.

Timothy E. Eble, Frederick C. Baker (argued), Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, for all appellees except H.K. Porter Co., Inc., and Official Committee of Unsecured Creditors of H.K. Porter Co., Inc.

Before HUTCHINSON, NYGAARD and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

H.K. Porter Company, Inc. ("Porter"), a debtor in bankruptcy, was, and evidently is presently, insured by Travelers Insurance Company ("Travelers"). Certain school district creditors (the "Claimants") filed proofs of claims in the Porter bankruptcy alleging property damage due to asbestos installations. At some point, believing that the prosecution of their claims against...

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