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WASTE MANAGEMENT v. PEERLESS INS. CO.

No. 70PA85.

340 S.E.2d 374 (1986)

315 N.C. 688

WASTE MANAGEMENT OF CAROLINAS, INC., t/d/b/a Trash Removal Service, Inc. v. PEERLESS INSURANCE COMPANY and Pennsylvania National Mutual Casualty Insurance Company.

Supreme Court of North Carolina.

February 18, 1986.

Attorney(s) appearing for the Case

Burney, Burney, Barefoot, Bain & Crouch by Auley M. Crouch III, Wilmington, and Hinshaw, Culbertson, Moelmann, Hoban & Fuller by D. Kendall Griffith, William J. Holloway and Joanna C. New, Chicago, Ill., for plaintiff-appellee.

Young, Moore, Henderson & Alvis, P.A. by Walter E. Brock, Jr., Raleigh, for Pennsylvania Nat. Mut. Cas. Ins. Co., defendant-appellant.

Prickett & Corpening by Carlton S. Prickett, Jr., Wilmington, for Peerless Insur. Co., defendant-appellant.

Bailey, Dixon, Wooten, McDonald, Fountain & Walker by J. Ruffin Bailey and Gary S. Parsons, Raleigh, for American Ins. Ass'n and Alliance of American Insurers, amici curiae.

John C. Russell, New York City, for Eugene R. Anderson, amicus curiae.

Brooks, Pierce, McLendon, Humphrey & Leonard by John L. Sarratt, Greensboro, and Mendes & Mount by John G. McAndrews and Henry Lee, New York City, for George Haycroft Milton and Underwriters at Lloyd's, London, amici curiae.

MARTIN, Justice.

On 11 January 1980, the United States of America filed an action against Waste Industries and others, including the owners, operators, and the franchisor of the Flemington landfill in New Hanover County, alleging that waste material disposed of on that landfill had leached into and contaminated groundwater beneath it, rendering the well water in several surrounding households hazardous for human consumption.1 The suit...

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