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METRIC/KVAERNER FAYETTEVILLE v. FEDERAL INS.

No. 04-1101.

403 F.3d 188 (2005)

METRIC/KVAERNER FAYETTEVILLE, a joint venture of Metric Constructors, Inc. and Kvaerner EnviroPower, Inc., Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 11, 2005.

Attorney(s) appearing for the Case

ARGUED: David Glenn Hymer, Bradley, Arant, Rose & White, L.L.P., Birmingham, Alabama, for Appellant. Thomas McKay, Cozen O'Connor, Cherry Hill, New Jersey, for Appellee. ON BRIEF: Scott B. Smith, Bradley, Arant, Rose & White, L.L.P., Birmingham, Alabama; H. Gerald Beaver, Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, Fayetteville, North Carolina, for Appellant. Elizabeth Chambers Bailey, Cozen O'Connor, Cherry Hill, New Jersey; Anna Daly, Cozen O'Connor, Charlotte, North Carolina, for Appellee.

Before LUTTIG, KING, and SHEDD, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the majority opinion. Judge SHEDD wrote a concurring opinion. Judge LUTTIG wrote a dissenting opinion.

KING, Circuit Judge:

Metric/Kvaerner Fayetteville ("M/K") appeals the district court's awards of summary judgment to Federal Insurance Company ("Federal") in this insurance dispute. In June 1999, M/K initiated this proceeding against Federal in the Superior Court of Cumberland County, North Carolina...

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