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AETNA CAS. & SUR. CO. v. PPG INDUSTRIES, INC.

No. CIV 79-661 PHX CLH.

554 F.Supp. 290 (1983)

AETNA CASUALTY & SURETY COMPANY, a Connecticut corporation, Plaintiff, v. PPG INDUSTRIES, INC., a Pennsylvania corporation; Reichhold Chemicals, Inc., a Delaware corporation; Upjohn Company, a Delaware corporation; State of Arizona, in its own behalf and on behalf of its agencies, departments, commissions and political subdivisions; C.W.R. Citrus Processors, Inc., an Arizona corporation; Sun Country Citrus, Inc., an Arizona corporation; Yerba Corporation, an Arizona corporation; Yuma Citrus Exchange, an Arizona corporation; Joseph M. Battersby and Beverly J. Battersby, husband and wife; Mesa Citrus Growers, an Arizona corporation; and Louis Lufty, Defendants.

United States District Court, D. Arizona.

January 7, 1983.

Attorney(s) appearing for the Case

Leo R. Beus, Neil Vincent Wake, David H. Colby, Beus, Gilbert, Wake & Morrill, Phoenix, Ariz., for defendant The Upjohn Co.

Newman R. Porter, Randall S. Yavitz, Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., for defendant Reichhold Chemicals, Inc.

John G. Ryan, Fennemore, Craig, von Ammon & Udall, Phoenix, Ariz., for defendants CWR Citrus, et al.

John J. Bouma, Joel P. Hoxie, Snell & Wilmer, Phoenix, Ariz., David J. Armstrong, M. Richard Dunlap, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for defendant PPG.

Steven D. Copple, Black, Robertshaw & Copple, P.C., Phoenix, Ariz., for plaintiff.

MEMORANDUM OPINION AND ORDER

HARDY, District Judge.

This is an action for declaratory judgment to determine the rights of the parties under contracts for insurance issued by Aetna Casualty and Surety Company (Aetna) to PPG Industries, Inc. (PPG), Reichhold Chemicals, Inc. (Reichhold), and The Upjohn Company (Upjohn).

PPG, Reichhold and Upjohn manufactured and sold polyurethane foam during the 1960's and early 1970's for installation in buildings...

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