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INSURANCE CO. OF NORTH AMERICA v. PUBLIC SERVICE

Docket No. 09-3640-cv.

609 F.3d 122 (2010)

INSURANCE COMPANY OF NORTH AMERICA, now known as Century Indemnity Company, and INA Reinsurance Company, now known as R & Q Reinsurance Company, Petitioners-Appellants, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 23, 2010.

Attorney(s) appearing for the Case

Lloyd A. Gura, Mound Cotton Wollan & Greengrass, New York, New York, (Robert E. Wilder, Raymond S. Mastrangelo, Mound Cotton Wollan & Greengrass, New York, New York, and Stephen B. Burbank, Philadelphia, Pennsylvania, on the brief), for Petitioners-Appellants.

Daniel Hargraves, (John McConnell, on the brief), Hargraves McConnell & Costigan, P.C., New York, New York, for Respondent-Appellee.

Before JACOBS, Chief Judge, LYNCH, Circuit Judge, and RESTANI, Judge.

GERARD E. LYNCH, Circuit Judge:

Appellants Insurance Company of North America and INA Reinsurance Company appeal (collectively, "INA") from a judgment of the district court (Harold Baer, Jr., Judge), granting Appellee Public Service Mutual Insurance Company's ("PSMIC") Rule 60(b)(2) motion based on newly discovered evidence that an arbitrator who had resigned was, in fact, able to rejoin the arbitration panel prior to the district court's decision on whether...

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