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JACOBS CONSTRUCTORS v. NPS ENERGY SERVICES

Nos. 00-3238, 00-3239.

264 F.3d 365 (2001)

JACOBS CONSTRUCTORS, INC., v. NPS ENERGY SERVICES, INC., (D.C. Civil No. 97-cv-00131), NPS Energy Services, Inc., Appellant at No. 00-3239. Jacobs Constructors, Inc., v. National Union Fire Insurance Company of Pittsburgh, PA, (D.C. Civil No. 98-cv-00205), Jacobs Constructors, Inc., Appellant at No. 00-3238.

United States Court of Appeals, Third Circuit.

Filed September 4, 2001.

Attorney(s) appearing for the Case

Dennis A. Watson (Argued), Andrew F. Adomitis, Grogan, Graffam & McGinley, Pittsburgh, PA, Counsel for Jacobs Constructors, Appellant/Cross Appellee.

Elizabeth C. Bailey, Thomas McKay, III (Argued), Cozen & O'Connor, Philadelphia, PA, Counsel for NPS Energy, Appellees/Cross Appellants.

R. Bruce Morrison (Argued), Conrad J.J. Radcliffe, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, Counsel for National Union Fire Ins. Co., Appellees/Cross Appellants.

Before SLOVITER, NYGAARD, and ROTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In these consolidated declaratory judgment actions, we are presented with disputes concerning two contracts: an indemnification agreement between a contractor and a subcontractor, and a subsequent insurance contract between the contractor and an insurance company. On appeal, there are three primary issues: (1) whether NPS Energy Services is obligated to defend Jacobs...

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