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NATIONAL UNION FIRE INS. CO. v. LUMBERMENS MUT.

Nos. 03-2503, 03-2504, 03-2507 and 03-2508.

385 F.3d 47 (2004)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, Pennsylvania, Plaintiff-Appellant/Cross-Appellee, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant-Appellee/Cross-Appellant, K.C. Electric Company; S.A. Healy Company/Modern Continental, a Joint Venture, Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided September 27, 2004.

Attorney(s) appearing for the Case

Tamara J. Smith with whom James J. Duane, III and Taylor, Duane, Barton & Gilman, LLP were on brief for plaintiff-appellant/cross-appellee.

Peter E. Heppner with whom Lynch & Lynch was on brief for defendant-appellee/cross-appellant.

Before BOUDIN, Chief Judge, and TORRUELLA and DYK, Circuit Judges.

DYK, Circuit Judge.

This case, including an appeal and a cross-appeal, involves a dispute between two insurance companies. The dispute concerns their respective responsibilities to pay defense and settlement costs relating to injuries to Richard Leahy and Philip Sheehan, two workmen employed by K.C. Electric Company, Inc. ("K.C.Electric"). K.C. Electric was a subcontractor performing work for S.A. Healy/Modern Continental ("S.A.Healy"), a prime contractor, on the...

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