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R.R. STREET & CO. INC. v. TRANSPORT INS. CO.

Nos. 10-55361, 10-55404.

656 F.3d 966 (2011)

R.R. STREET & CO. INC.; National Union Fire Insurance Company of Pittsburgh, PA, individually and as subrogee of R.R. Street & Co. Inc., Plaintiffs-Appellants, v. TRANSPORT INSURANCE COMPANY, Defendant-Appellee. Transport Insurance Company, a corporation, Plaintiff-Appellee, v. R.R. Street & Co. Inc., a corporation; National Union Fire Insurance Company of Pittsburgh, PA, a corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2011.

Attorney(s) appearing for the Case

Eric Grant , Hicks Thomas LLP, Sacramento, CA, for plaintiff-defendant-appellant R.R. Street & Co. Inc.; Bryan G. Schumann , Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL, for plaintiff-defendant-appellant National Union Fire Insurance Company of Pittsburgh, PA.

Ray L. Wong , Duane Morris, LLP, San Francisco, CA, and Cyndie M. Chang , Michael W. Wong , and Christopher B. Yeh , Duane Morris LLP, Los Angeles, CA, for the defendant-plaintiff-appellee Transport Insurance Company.

Before: ROBERT R. BEEZER, STEPHEN S. TROTT, and PAMELA ANN RYMER, Circuit Judges.

OPINION

BEEZER, Circuit Judge:

This dispute emerges from a web of state and federal litigation over liability for damages and defense costs in certain environmental tort suits. The appeal before us concerns two cases that mirror each other: (1) an action for damages that the Appellants brought in federal court and (2) a declaratory judgment action that the Appellee brought in state court, which Appellants later removed to federal court. The district court...

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