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CONTINENTAL INS. v. N.E. PHARM. & CHEM. CO.

No. 85-1940.

811 F.2d 1180 (1987)

CONTINENTAL INSURANCE COMPANIES, Appellee, v. NORTHEASTERN PHARMACEUTICAL AND CHEMICAL COMPANY, INC., Milton Turkel, Edwin B. Michaels and John W. Lee, Appellees, State of Missouri, Intervenor-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1987.

Rehearing Granted March 30, 1987.

Attorney(s) appearing for the Case

Shelley A. Woods, Asst. Atty. Gen., Jefferson City, Mo., for State of Missouri.

Karen Florini, Washington, D.C. for amicus — U.S.

Gary R. Long, Kansas City, Mo., for Continental Ins. Co.

Thomas W. Brunner, Washington, D.C., for amicus American Ins. Association.

William D. Iverson, Washington, D.C., for amicus IBM.

Jerome T. Wolf, Carl H. Helmstetter, James T. Price, Spencer, Fane, Britt & Browne, Kansas City, Mo., for amicus AT&T Technologies, Inc.

Before HEANEY and McMILLIAN, Circuit Judges, and MURPHY, District Judge.

Rehearing En Banc Granted March 30, 1987.*

HEANEY, Circuit Judge.

This appeal raises the question of whether hazardous waste cleanup costs under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-9657 (1982) (CERCLA) are recoverable under a liability policy that covers "property damage" that "occurs" during the life of the policy, where disposal and environmental contamination...

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