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LAC D'AMIANTE du QUEBEC v. AMERICAN HOME ASSUR.

Nos. 87-5249, 87-5380 and 87-5401.

864 F.2d 1033 (1988)

LAC D'AMIANTE DU QUEBEC, LTEE, a corporation of the State of Delaware, Appellee v. AMERICAN HOME ASSURANCE COMPANY, a corporation of the State of New York, Highlands Insurance Company, a corporation of the State of Texas, Midland Insurance Company, a corporation of the State of New York. Appeal of MIDLAND INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided December 28, 1988.

Attorney(s) appearing for the Case

John G. Buchanan, III (argued), Richard A. Friedman, Covington & Burling, Washington, D.C., Myron J. Bromberg, Porzio, Bromberg & Newman, P.C., Morristown, N.J., for appellee, Lac D'Amiante Du Quebec, Ltee.

Jerome M. Lynes (argued), Connell, Foley & Geiser, Roseland, N.J., for appellee, Highlands Ins. Co.

Edwin R. Scherlis (argued), Melvin R. Shuster, Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for appellant, American Home Assur. Co.

Herbert Rubin (argued), David B. Hamm, Herzfeld & Rubin, P.CV., New York City, Laurence M. McHeffey, Hamlon, McHeffey, Herzfeld & Rubin, Edison, N.J., for appellant, Midland Ins. Co.

Before HIGGINBOTHAM and BECKER, Circuit Judges and SHAPIRO, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal arises from a civil action in the district court for the District of New Jersey by a seller of asbestos against its insurers seeking indemnity for sums it has paid out in connection with asbestos related claims against it. The district court resolved a number of complex contractual issues, including the highly controversial and unsettled question whether exposure, manifestation or some combination thereof...

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