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FRIED v. NORTH RIVER INS. CO.

No. 82-1925.

710 F.2d 1022 (1983)

Stanley H. FRIED, Jr., and Richard Strasser, Appellees, v. The NORTH RIVER INSURANCE COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1983.

Attorney(s) appearing for the Case

Walter E. Brock, Jr., Raleigh, N.C. (Young, Moore, Henderson & Alvis, Raleigh, N.C., on brief), for appellant.

Robin Vinson, Raleigh, N.C. (Samuel G. Thompson, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, N.C., Jerome M. Libenson, Baskins & Sears, Pittsburgh, Pa., on brief), for appellees.

Before RUSSELL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Appellees Fried and Strasser filed this suit against The North River Insurance Company (North River) alleging that a policy issued by North River afforded coverage for personal injuries they had sustained. North River contended that the policy it had issued was an excess coverage policy and that the amount of the judgments against its insured was insufficient to invoke North River's duty to pay under the policy. A magistrate...

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