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CORROSIONEERING, INC. v. THYSSEN ENVIRONMENTAL SYSTEMS

Nos. 85-5997, 85-5998.

807 F.2d 1279 (1986)

CORROSIONEERING, INC., Plaintiff-Appellant (85-5997), and The Continental Insurance Company, Third-Party Complainant-Appellant (85-5998), v. THYSSEN ENVIRONMENTAL SYSTEMS, INC., Federal Insurance Company, Continental Insurance Company, Ashland Chemical Company and Berton Plastics, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 15, 1986.

Attorney(s) appearing for the Case

Thomas R. Yocum (argued), Benjamin, Faulkner, Tepe and Sack, Cincinnati, Ohio, for Corrosioneering, Inc.

Leslie W. Morris, II (argued), Lexington, Ky., Robert B. Cetrulo (argued), Covington, Ky., for defendants-appellees.

J.W. Smirz, Landrum, Shouse and Patterson, Lexington, Ky., for Continental Ins. Co.

Before JONES and NELSON, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

Plaintiff-appellant Corrosioneering, Inc. ("Corrosioneering") and its bonding company, Continental Insurance Company ("Continental"), appeal from the district court's dismissal of their third-party complaint against Ashland Chemical Company ("Ashland") and Berton Plastics, Inc. ("Berton"). On appeal, Corrosioneering and Continental argue that the district court erred in finding that no express...

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