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FRATTO et ux. v. NEW AMSTERDAM CAS. CO.

434 Pa. 136 (1969)

Fratto et ux., Appellants, v. New Amsterdam Casualty Co.

Supreme Court of Pennsylvania.

Reargued January 20, 1969.

April 23, 1969.

Attorney(s) appearing for the Case

James E. McLaughlin, with him Michael R. Stabile, Jr., and McArdle & McLaughlin, for appellants.

Thomas Lewis Jones, with him Samuel P. Gerace, and White, Jones & Gregg, for appellees.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE EAGEN, April 23, 1969:

On January 2, 1962, appellants' building was destroyed by fire. The building and its contents were insured under policies issued by various insurance companies, nine of which are the present appellees. In April of 1963 appellants commenced two actions in the United States District Court against other insurance companies not here involved, and on June 21, 1963, they instituted a third federal action against the nine companies...

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