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NATIONAL INDEM. CO. v. GRIMM

No. CA89-1959.

760 F.Supp. 489 (1991)

NATIONAL INDEMNITY COMPANY, Plaintiff, v. Katherine GRIMM, Administratrix of the Estate of Gary Grimm, Martha Krigger, Executrix of the Estate of John E. Krigger, Patricia Nash, Executrix of the Estate of James Nash, Carmela Giaramita, Joseph Giaramita, Kaaren Merlo, Richard S. Merlo, Edward Leyda, Jr., Rita Leyda, and City of Pittsburgh, Commonwealth of Pennsylvania, Department of Transportation, Reithreilly Construction Company and Metalworking Lubricants, Inc., Defendants.

United States District Court, W.D. Pennsylvania.

March 22, 1991.

Attorney(s) appearing for the Case

Edward A. Russakoff, Pittsburgh, Pa., for plaintiff.

Edward J. Balzarini, George J. Berry, Richard Rosenthal, Paul F. Laughlin, John G. Shorall, II, Peter J. Mansmann, Robert B. Smith, John R. Orie, Eric N. Anderson, Pittsburgh, Pa., Neil J. Marcus, Monongahela, Pa., for defendants.

MEMORANDUM OPINION

LEE, District Judge.

Plaintiff, National Indemnity Company, has moved this Court to grant summary judgment in its favor pursuant to Rule 56(a) of the Federal Rules of Civil Procedure.1 In interpreting Rule 56(c), the United States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) has ruled that:

"The plain language...

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