AMERICAN HOME ASSURANCE COMPANY v. SUPERIOR WELL SERVICES INC (2023)

United States Court of Appeals, Third Circuit.

AMERICAN HOME ASSURANCE COMPANY, Appellant v. SUPERIOR WELL SERVICES, INC.

No. 22-1498

Decided: July 25, 2023

Present: JORDAN, KRAUSE and BIBAS, Circuit Judges.

Devin Adams, Esq., Arnold & Porter Kaye Scholer, Houston, TX, Robert R. Anderson, Esq., Arnold & Porter Kaye Scholer, Denver, CO, Joseph G. Grasso, Esq., Susan M. Kennedy, Esq., Wiggin & Dana, Philadelphia, PA, P. Brennan Hart, Esq., Pietragallo Gordon Alfano Bosick & Raspanti, Pittsburgh, PA, for Plaintiff-Appellant. Michael G. Connelly, Esq., Troutman Pepper, Pittsburgh, PA, Ralph C. Surman, Jr., Esq., Morgan Lewis & Bockius, Pittsburgh, PA, Misha Tseytlin, Esq., Troutman Pepper, Chicago, IL, for Defendant-Appellee. William A. Ciszewski, Esq., Hodgson Russ, Buffalo, NY, for Intervenor-Appellee.

Having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel filed by the appellee in the above-entitled case is GRANTED. The opinion and judgment entered on May 31, 2023 are hereby vacated.

As the merits panel has granted panel rehearing, no further action will be taken by the en banc court. The Clerk is directed to file the amended opinion and judgment contemporaneously with this Order.

Kent A. Jordan, Circuit Judge

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