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CRABTREE v. HAYES-DOCKSIDE, INC.

No. 92-CA-0433.

612 So.2d 249 (1992)

Danny CRABTREE and Wanda Crabtree, wife of Danny Crabtree v. HAYES-DOCKSIDE, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied March 26, 1993.

Attorney(s) appearing for the Case

Ashton R. O'Dwyer, Jr., Kent B. Ryan, Lemle & Kelleher, New Orleans, for appellees, Home Indem. Co.

James P. Magee, Gary J. Giepert, Beverly K. Baudouin, Baldwin & Haspel, New Orleans, for defendants/appellants, Hayes-Dockside, Inc.

Ralph S. Hubbard, III, Gordon P. Wilson, Friend, Wilson, Draper, Hubbard & Bowling, New Orleans, and Thomas W. Brunner, James M. Johnstone, Nancy J. Lemay, Wiley, Rein & Fielding, Washington, D.C., for amicus curiae Ins. Environmental Litigation Ass'n.

Before BARRY, BYRNES and WARD, JJ.

BARRY, Judge.

Hayes-Dockside, Inc. (Hayes) appeals a summary judgment which is based on the application of a "pollution exclusion" clause in a general liability policy issued by Hayes' insurer, The Home Indemnity Company (Home).

Danny and Wanda Crabtree sued Hayes for damages and injunctive relief based on the alleged emission of polyvinyl chloride (PVC) onto their home and business properties. The Crabtrees claim that PVC caused physical damages and harm...

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