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INS. CO. OF N. A. v. FORTY-EIGHT INSULATIONS, INC.

Nos. 78-1322 to 78-1326.

657 F.2d 814 (1981)

INSURANCE CO. OF NORTH AMERICA, Plaintiff-Appellant, v. FORTY-EIGHT INSULATIONS, INC., Defendant-Appellee Cross-Appellant, and Affiliated FM Insurance Co., Illinois National Insurance Co., Liberty Mutual Insurance Co., Defendants-Appellants, and Travelers Indemnity of Rhode Island, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

March 5, 1981.

Attorney(s) appearing for the Case

Michael R. Gallagher, Thomas E. Betz, Alan M. Petrov, Gallagher, Sharp, Fulton, Norman & Mollison, Cleveland, Ohio, G. Cameron Buchanan, Buchanan, Ogne & Jinks, Troy, Mich., for plaintiff-appellant.

William C. Murphy, (48 Insulations) Reid, Ochsenschlager, Murphy & Hupp, Richard L. Horwitz, Aurora, Ill., W. Robert Chandler (48 Insulations) Cross, Wrock, Miller & Vieson, Detroit, Mich., for defendant-appellee cross-appellant.

Before KEITH and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.

ORDER

Less than a majority of the active judges of this court having voted in favor of rehearing en banc, the parties' cross-petitions for rehearing have been referred to the panel for consideration. We grant, in part, the petitions for rehearing.

I.

All of the parties have requested that we clarify our opinion, 633 F.2d 1212, regarding its application to mesothelioma and broncheogenic carcinoma. As we indicated...

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