KOPPERS CO., INC. v. AETNA CAS. AND SUR. CO.

No. 97-3432.

158 F.3d 170 (1998)

KOPPERS COMPANY, INC., Appellant v. THE AETNA CASUALTY AND SURETY COMPANY; Zurich Insurance Company; The Travelers Indemnity Co.; The American Home Assurance Company; Commercial Union Insurance Company; The Home Insurance Company; Underwriters at Lloyd's of London

United States Court of Appeals, Third Circuit.

Decided July 22, 1998.


Attorney(s) appearing for the Case

Joseph W. Montgomery, III (Argued), Jones, Day, Reavis & Pogue, Pittsburgh, PA, for Appellant.

Hershel J. Richman, Jennifer R. Clarke, Fred H. Nemeth, Dechert, Price & Rhoads, Philadelphia, PA; Peter M. Page, Kathleen A. McQueeny, Brian D. Bossert, Blatt, Hammesfahr & Eaton, Chicago, IL; Martin R. Baach, Bruce R. Grace (Argued), Duane K. Thompson, Baach, Robinson & Lewis, Washington, DC, for Appellee, Underwriters at Lloyd's of London.

BEFORE: ALITO, RENDELL and GARTH, Circuit Judges


GARTH, Circuit Judge.

The issue we must decide in this appeal is whether an excess insurer (here, INA) was an indispensable party under Rule 19(b) of the Federal Rules of Civil Procedure so as to cause the dismissal of certain of the Appellant's claims when INA was not joined in this action against various other excess insurers. We hold that INA was not an indispensable party and accordingly that the claims should not have been dismissed. We therefore reverse.

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