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NATIONWIDE MUT. INS. CO. v. CPB INTERN., INC.

No. 07-4772.

562 F.3d 591 (2009)

NATIONWIDE MUTUAL INSURANCE COMPANY v. CPB INTERNATIONAL, INC.; NBTY, Inc.; Rexall Sundown, Inc., CPB International, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 14, 2009.

Attorney(s) appearing for the Case

Kathryn A. Dux, Esq., German, Gallagher & Murtagh, Philadelphia, PA, Charles E. Haddick, Jr., Esq., Dickie, McCamey & Chilcote, Camp Hill, PA, for Appellee.

Michael D. Collins, Esq., Shawnee Square, Buttermilk Fall Road, Shawneeon-Delaware, PA, for Appellant.

Before: BARRY, WEIS, and ROTH, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

CPB International ("CPB") appeals the District Court's grant of Nationwide Mutual Insurance Company's ("Nationwide") motion for summary judgment in this declaratory judgment action that Nationwide filed to determine its obligations under a commercial general liability ("CGL") policy it had issued to CPB (the "policy"). The central issue is whether the policy required Nationwide to defend and indemnify CPB against...

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