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ACCEPTANCE INS. CO. v. SLOAN

No. 00-2423.

263 F.3d 278 (2001)

ACCEPTANCE INSURANCE COMPANY, Appellant, v. Robert H. SLOAN, Bankruptcy Trustee for Mon Valley Steel Company, Inc.; Larry M. Bowers; Gladys D. Bowers, Individually and as Co-Administrators of the Estate of Joelene Bowers, Deceased; Utica Mutual Insurance Company; Noble Wine; Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided August 22, 2001.

Attorney(s) appearing for the Case

Russell J. Ober, Jr., (Argued), Kelly A. Reynolds, Meyer, Unkovic & Scott LLP, 1300 Oliver Building Pittsburgh, Pennsylvania 15222, Counsel for Appellant.

Jan C. Swensen, (Argued), Alan H. Perer, Swensen, Perer & Kontos, 2710 Two PNC Plaza Pittsburgh, Pennsylvania 15222, Counsel for Appellees Larry M. Bowers and Gladys D. Bowers.

Ashley W. Ward, Sites & Harbison, 250 West Main Street, Suite 2300 Lexington, Kentucky 40507, Counsel for Appellee Utica Mutual Insurance Company.

Before: ALITO, RENDELL, and FUENTES, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Acceptance Insurance Co. ("Acceptance") brought this action seeking a declaratory judgment to resolve its rights and duties under an insurance policy issued to Mon Valley Steel Co. ("Mon Valley"). The policy in question was a general liability policy for the Clyde Mine, located in western Pennsylvania. Acceptance's potential liability arose as a result of an action against Mon Valley brought by the parents of Joelene...

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