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KOKEN v. BLACK & VEATCH CONST., INC.

Nos. 04-2552; 04-2553; 04-2630; 04-2636.

426 F.3d 39 (2005)

M. Diane KOKEN, as Liquidator on behalf of Reliance Insurance Co. (in liquidation), Plaintiff, Appellant/Cross-Appellee, v. BLACK & VEATCH CONSTRUCTION, INC., Defendant, Appellant/Cross Appellee; Auburn Manufacturing, Inc.; Inpro, Inc., Defendants, Appellees/Cross Appellants; Pyro Shield, Inc., Defendant; O'Connor Constructors, Inc., d/b/a Red-co/O'Connor; Redco, Inc., d/b/a Red-co/O'Connor, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 14, 2005.

Attorney(s) appearing for the Case

John E. O'Brien, Jr., with whom Anthony R. Zelle and Robinson & Cole, LLP, were on brief, for appellant/cross-appellee M. Diane Koken.

A. Cyclone Covey, with whom Lee C. Davis and Griffin Cochrane & Marshall, P.C., were on brief, for appellant/cross-appellee Black & Veatch Construction, Inc.

Elizabeth A. Germani, with whom Tracy D. Hill and Germani & Riggle, LLC, were on brief, for appellee/cross-appellant Auburn Manufacturing, Inc.

Frederick J. Badger, Jr., with whom Richardson, Whitman, Large & Badger was on brief, for appellee O'Connor Constructors, Inc.

Theodore H. Kirchner, with whom Norman, Hanson & Detroy, LLC, was on brief, for appellee Redco, Inc.

Before SELYA, DYK, and HOWARD, Circuit Judges.

DYK, Circuit Judge.

On May 17, 1999, a fire occurred during a torch-cutting operation performed as part of a construction project in Maine. A fire blanket had been used to protect the area beneath the welding. The project was owned by Androscoggin Energy LLC ("Androscoggin") and insured by appellant Reliance Insurance Company ("Reliance"). Appellant Black & Veatch Construction, Inc. ("B & V") was the general contractor. Appellees Redco, Inc. ("Redco") and...

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