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NEWMONT MINES LTD. v. HANOVER INS. CO.

No. 330, Docket 85-7590.

784 F.2d 127 (1986)

NEWMONT MINES LIMITED and Esso Resources Canada Limited, Plaintiffs-Appellees, v. HANOVER INSURANCE COMPANY & Utica Mutual Insurance Company, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 20, 1986.

Attorney(s) appearing for the Case

Michael A. Cooper, New York City (Sullivan & Cromwell, New York City, of counsel), for plaintiff-appellee (Esso Resources).

William P. Frank, New York City (Skadden, Arps, Slate, Meagher & Flom, New York City, of counsel), for plaintiff-appellee (Newmont Mines Ltd.)

Arthur N. Brook, New York City (Rein, Mound & Cotton, New York City, of counsel), for defendants-appellants.

Before VAN GRAAFEILAND, NEWMAN and MINER, Circuit Judges.

MINER, Circuit Judge:

This action arises out of the collapse on two different days of two separate sections of the roof of a cooper concentrator mill building located at the Granduc minesite in Tide Lake, British Columbia, Canada, and the refusal of two of the building's four insurers, Hanover Insurance Company ("Hanover"), and Utica Mutual Insurance Company ("Utica"),1 to indemnify the building's owner, Newmont Mines Limited ("Newmont...

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