KEENE CORPORATION
v.
INSURANCE COMPANY OF NORTH AMERICA, et al. Aetna Casualty and Surety Company, Appellant.
KEENE CORPORATION, Appellant,
v.
INSURANCE COMPANY OF NORTH AMERICA, et al.
KEENE CORPORATION
v.
INSURANCE COMPANY OF NORTH AMERICA, Liberty Mutual Insurance Company, Appellant.
KEENE CORPORATION
v.
INSURANCE COMPANY OF NORTH AMERICA, Appellant, Aetna Casualty and Surety Company, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 16, 1981.
Decided October 1, 1981.
As Amended December 21, 1981.
Certiorari Denied March 8, 1982.
Attorney(s) appearing for the Case
Gerald V. Weigle, Jr., Cincinnati, Ohio, with whom Frank W. Gaines, Jr., Robert L. Hoegle, Washington, D. C., and Christopher C. Mansfield, Boston, Mass., were on the brief for Liberty Mutual Insurance Company, appellee in Nos. 81-1179, 81-1180 and 81-1182 and cross/appellant in No. 81-1181.
Robert O. Tyler, Washington, D. C., entered an appearance for Pennsylvania Manufacturers Association Insurance Company, appellee in Nos. 81-1179, 81-1180, 81-1181 and 81-1182.
Richard A. Epstein, Chicago, Ill., and Leo A. Roth, Jr., Washington, D. C., were on the brief for Federal Insurance Company, et al., Amici Curiae urging reversal in Nos. 81-1179, 81-1180, 81-1181 and 81-1182.
Thomas M. Susman was on the brief for Walbrook Insurance Company, Ltd., et al., Amici Curiae urging reversal in Nos. 81-1179, 81-1180, 81-1181 and 81-1182.
David Booth Beers and William R. Galeota, Washington, D. C., were on the brief for Cassiar Resources Limited, Amicus Curiae urging affirmance in part and reversing in part in Nos. 81-1179, 81-1180, 81-1181 and 81-1182.
Daniel J. Popeo, Paul D. Kamenar and Nicholas E. Calio, Washington, D. C., were on the brief for The Washington Legal Foundation, Amicus Curiae urging remand for full consideration in Nos. 81-1179, 81-1181 and 81-1182.
Richard H. Gimer, M. Stuart Madden and Donald E. Santarelli, Washington, D. C., were on the brief for Commercial Union Insurance Companies, Amici Curiae urging remand for full consideration in Nos. 81-1179, 81-1180, 81-1181 and 81-1182.
John Mahoney, Jr., Washington, D. C., for Aetna Casualty and Surety Company, appellant in No. 81-1179 and appellee in Nos. 81-1180, 81-1181 and 81-1182.
Eugene R. Anderson, New York City, with whom Harold D. Murry, Jr., Jerold Oshinsky, and Sherry W. Gilbert, Washington, D. C., were on the brief for Keene Corporation, appellant in No. 81-1180 and cross/appellee in Nos. 81-1179, 81-1181 and 81-1182.
Robert N. Sayler, Washington, D. C., with whom Wynne M. Teel, John E. Heintz, Scott D. Gilbert, Washington, D. C., and Frank H. Griffin, III, Philadelphia, Pa., were on the brief for Armstrong World Inc., et al., amici curiae urging reversal in Nos. 81-1179 thru 81-1182.
John P. Arness, Washington, D. C., with whom David J. Hensler and Elliot M. Mincberg, Washington, D. C., were on the brief for Hartford Accident and Indemnity Company, appellee in Nos. 81-1179 thru 81-1182.
Michael R. Gallagher, Cleveland, Ohio, with whom Thomas E. Betz, Alan M. Petrov, Cleveland, Ohio, Dennis M. Flannery and John Payton, Washington, D. C., were on the brief for Insurance Company of North America, appellee in Nos. 81-1179, 81-1180 and 81-1182 and cross/appellant in No. 81-1181.
Opinion for the Court filed by Senior Circuit Judge BAZELON.
United States Court of Appeals, District of Columbia Circuit.
Certiorari Denied March 8, 1982. See 102 S.Ct. 1644.
Opinion filed by Circuit Judge WALD concurring in part.
BAZELON, Senior Circuit Judge:
This case arises out of the growing volume of litigation centering upon manufacturers' liability for disease caused by asbestos products. In this action, Keene Corporation (Keene) seeks a declaratory judgment of the rights and obligations of the parties under the comprehensive general liability policies that the...
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