AETNA CAS. & SUR. v. GULF RESOURCES & CHEM. CORP.

Civ. Nos. 83-3161, 84-1155 and 84-3071.

600 F.Supp. 797 (1985)

AETNA CASUALTY & SURETY CO., a corporation, Plaintiff, v. GULF RESOURCES & CHEMICAL CORPORATION, a Delaware corporation; the Bunker Hill Company, a Delaware corporation; Pintlar Corporation, a Delaware corporation, Defendants. CONTINENTAL RE-INSURANCE CORPORATION, a California corporation; Pacific Insurance Company, a California corporation; Fidelity & Casualty Company of New York, a New York corporation; and Northbrook Insurance Company, an Illinois corporation, Plaintiffs, v. The BUNKER HILL COMPANY, a Delaware corporation; and Gulf Resources & Chemical Corporation, a Delaware corporation, Defendants. The STATE OF IDAHO, Plaintiff, v. The BUNKER HILL COMPANY, et al., Defendants. GULF RESOURCES & CHEMICAL CORPORATION, Third-Party Plaintiff, v. The AETNA CASUALTY AND SURETY COMPANY, et al., Third-Party Defendants. GULF RESOURCES & CHEMICAL CORPORATION, et al., Third-Party Plaintiffs, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, et al., Third-Party Defendants. PINTLAR CORPORATION, Third-Party Plaintiff, v. UNDERWRITERS AT LLOYD'S, LONDON, Third-Party Defendant.

United States District Court, D. Idaho.

January 16, 1985.


Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., State of Idaho, P. Mark Thompson, Sheila Glusco Bush, Deputy Attys. Gen., Boise, Idaho, for plaintiff.

James P. Keane, William F. Boyd, Evans, Keane, Koontz, Boyd & Ripley, Kellogg, Idaho, for Gulf Resources & Chemical Corp., Bunker Hill Co. and Pintlar Corp.

James B. Lynch, Scott W. Marotz, Imhoff & Lynch, Boise, Idaho, for Admiral Ins. Co.

John P. Howard and Marc A. Lyons, Quane, Smith, Howard & Hull, Boise, Idaho, for Fidelity & Cas. Co., Pacific Ins., Continental Re-Insurance Corp. and Northbrook Ins. Co.

R.B. Kading, Jr., Scott D. Hess, Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, Idaho, for Aetna Cas. & Sur. Co.


RYAN, District Judge.

The State of Idaho filed the present suit claiming that the defendants' smelting activities have injured the State's northern environment. The State's Complaint alleges causes of action under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601-9657 and 26 U.S.C. § 4611 (1983) (the "Superfund Act"); the Environmental Protection and Health Act of 1972, Idaho Code §§ 39-101...

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