GENERAL REFRACTORIES COMPANY, Appellant
v.
FIRST STATE INSURANCE CO.; Westport Insurance Corporation, successor to, or formerly known as Puritan Insurance Company; Lexington Insurance Company; Centennial Insurance Company; Granite State Insurance Company; Potomac Insurance Company of Illinois; Hartford Accident & Indemnity Co.; Government Employees Insurance Co.; Republic Insurance Co.; Sentry Insurance Company, successor to, or formerly known as Vanliner Insurance Company formerly known as Great SW Fire Insurance Co.; American International Ins. Co.; AIU Insurance Company; Harbor Insurance Company; St. Paul Travelers Co., successor to, or formerly known as Aetna Casualty & Surety Company; American Empire Insurance Co.; Ace USA Inc., as successor to International Insurance Company.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 14, 2007.
Filed: August 28, 2007.
Attorney(s) appearing for the Case
Barry L. Katz (Argued), Bala Cynwyd, PA, for Appellant General Refractories Co.
John N. Ellison, Michael Conley (Argued), Jocelyn A. Gabrynowicz, Anderson Kill & Olick, P.C., Philadelphia, PA, Amy Bach, Mill Valley, CA, for Amicus Curiae United Policyholders in support of General Refractories Co.
Francis P. Maneri (Argued), Dilworth Paxson LLP, Philadelphia, PA, for Appellee Westport Insurance Corp. (successor to Puritan Insurance Co.).
Paul M. Hummer, Joseph Monahan, Saul Ewing LLP, Philadelphia, PA, for Appellee American Empire Surplus Lines Insurance Company.
Marc P. Gorfinkel, Rivkin Radler, LLP, Uniondale, NY, Wendy H. Koch, Koch & Corboy, Jenkintown Plaza, PA, for Appellee Sentry Insurance Co.
Cynthia Ruggerio, Christie, Pabarue, Mortensen & Young, Philadelphia, PA, for Appellee One Beacon America Insurance Company, as successor in interest to Potomac Insurance Company (improperly identified as Potomac Insurance Company of Illinois).
Kevin E. Wolff, Karen H. Moriarty, Couglin Duffy, LLP, Morristown, NJ, for Appellee Centennial Insurance Company.
BEFORE: FUENTES, GREENBERG and NYGAARD, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GREENBERG, Circuit Judge.
I. INTRODUCTION
Plaintiff General Refractories Company ("GRC") appeals from the district court's dismissal of its declaratory judgment and breach of contract action against 16 defendant insurance companies1 for failure to join parties as defendants pursuant to Federal Rule of Civil Procedure 12(b)(7). In particular, it asks us...
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