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INTERNATIONAL BUSINESS v. LIBERTY MUT.

Docket No. 03-7237.

363 F.3d 137 (2004)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff-Counter-Defendant-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY and Liberty Mutual Fire Insurance Company, Defendants-Counter-Claimants-Appellants, Zurich Insurance Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 19, 2004.

Attorney(s) appearing for the Case

Joseph G. Blute, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, Massachusetts, (Jaffe & Asher LLP, New York, New York, on the brief) for Appellants.

Thomas H. Sear (Mark R. Seiden, Howard F. Sidman, on the brief), Jones Day, New York, New York for Appellee, International Business Machines Corp.

Thomas W. Queen (Thomas W. Brunner, Alysa B. Wakin, on the brief), Wiley Rein & Fielding, LLP, Washington, DC, (John H. Eickemeyer, Vedder, Price, Kaufman & Kammholz, P.C., New York, New York, on the brief) for Appellee, Zurich Insurance Co.

Before: OAKES, JACOBS and POOLER, Circuit Judges.

JACOBS, Circuit Judge.

At issue on this appeal is the duty of defendants-appellants Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company (together, "Liberty Mutual") to defend International Business Machines ("IBM") in toxic tort suits commenced by IBM employees who allege that they contracted cancer by working in IBM's California "cleanroom" facilities. After the California court dismissed some of the claims and Liberty Mutual disclaimed coverage...

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