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TRAVELERS INDEM. CO. v. DAMMANN & CO., INC.

No. 09-1225.

594 F.3d 238 (2010)

The TRAVELERS INDEMNITY COMPANY v. DAMMANN & CO., INC. and International Flavors & Fragrances Inc. Dammann & Co., Inc. v. Cooperative Business International, Inc. and Nationwide Mutual Insurance Company International Flavors & Fragrances Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed February 5, 2010.

Attorney(s) appearing for the Case

Robert G. Rose (Argued), Day Pitney, Morristown, NJ, for Appellant, International Flavors & Fragrances Inc.

Frank E. Borowsky, Jr. (Argued), Michael J. Frantz, Jr., Borowsky & Borowsky, Shrewsbury, NJ, for Appellee, The Travelers Indemnity Company.

Peter M. Bouton, William H. Mergner, Jr. (Argued), Leary, Bride, Tinker & Moran, Cedar Knolls, NJ, for Appellee, Dammann & Co.

George A. Prutting, Jr. (Argued), Prutting & Lombardi, Audubon, NJ, for Third Party Appellee, Cooperative Business International, Inc.

Richard D. Millet, Richard D. Millet & Associates, Bridgewater, NJ, for Third Party Appellee, Nationwide Mutual Ins. Co.

Before: FISHER, HARDIMAN and STAPLETON, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

The Travelers Indemnity Company sought a declaration in federal court that it was not obligated to cover any claims asserted against its insured, Dammann & Co., Inc., by International Flavors & Fragrances Inc. ("IFF"). More than three years after Travelers initiated this lawsuit, IFF sought leave to assert various crossclaims against Dammann. The District Court denied that request on futility grounds, concluding...

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