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RIEHL v. TRAVELERS INS. CO.

No. 84-3675.

772 F.2d 19 (1985)

Ralph R. RIEHL, Jr., Appellee, v. TRAVELERS INSURANCE CO., Appellant.

United States Court of Appeals, Third Circuit.

Decided August 12, 1985.

Attorney(s) appearing for the Case

John R. Bozza (argued), Ralph R. Riehl, III, Riehl & Bozza, Erie, for appellee Ralph R. Riehl, Jr.

Barry R. Ostrager, Mary Kay Vyskocil, Seth A. Ribner, Simpson Thacher & Bartlett, New York City, Steven H. Wyckoff, William K. Herrington & Associates, Pittsburgh, Pa., Francis J. McCarthy (argued), James K. Killelea, David M. Cain, The Travelers Ins. Co., Hartford, Conn., for appellant The Travelers Ins. Co.

Henry John Kupperman, Stewart Dalzell, Timothy C. Russell, Drinker, Biddle & Reath, Philadelphia, Pa., for amicus curiae Lumbermens Mut. Cas. Co.

Before WEIS, GARTH and STAPLETON, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

Ralph Riehl, Jr., sought a declaration that certain insurance policies issued by the Travelers Insurance Company covered the expenses of cleaning up a toxic waste dump site located on his property. The site has been found to be releasing toxic pollutants into neighboring surface and ground waters. The district court granted summary judgment in favor of Riehl, declaring Travelers to be obligated to pay the costs...

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