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CINCINNATI INS. CO. v. MILLIKEN AND CO.

Nos. 87-1751, 87-1752 and 87-1761.

857 F.2d 979 (1988)

CINCINNATI INSURANCE COMPANY, Plaintiff-Appellee, v. MILLIKEN AND COMPANY, Defendant-Appellant, and Ralph C. Medley; Grace Medley; Clyde Medley; Barry Medley, d/b/a Medley Concrete Company, individually; Unisphere Chemical Corporation; National Starch and Chemical Corporation; Abco Industries, Inc.; BASF Corporation; Ethox Chemicals, Inc.; Polymer Industries, a division of Morton-Thiokol, Inc.; Tanner Chemical Company; United States of America, Defendants. CINCINNATI INSURANCE COMPANY, Plaintiff-Appellee, v. NATIONAL STARCH AND CHEMICAL CORPORATION, Defendant-Appellant, and Ralph C. Medley; Grace Medley; Clyde Medley; Barry Medley, d/b/a Medley Concrete Company, individually; Milliken and Company; Unisphere Chemical Corporation; Abco Industries, Inc.; BASF Corporation; Ethox Chemicals, Inc.; Polymer Industries, a division of Morton-Thiokol, Inc.; Tanner Chemical Company; United States of America, Defendants. CINCINNATI INSURANCE COMPANY, Plaintiff-Appellee, v. ABCO INDUSTRIES, INC.; Polymer Industries, a division of Morton-Thiokol, Inc.; Tanner Chemical Company, Defendants-Appellants, and Ralph C. Medley; Grace Medley; Clyde Medley; Barry Medley, d/b/a Medley Concrete Company, individually; Milliken and Company; Unisphere Chemical Corporation; National Starch and Chemical Corporation; BASF Corporation; Ethox Chemicals, Inc.; United States of America, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1988.

Attorney(s) appearing for the Case

James Dabney Miller (Charles H. Tisdale, Jr., Daniel J. King, S. Samuel Griffin, King & Spaulding, Atlanta, Ga., Julius W. McKay, Haynsworth, Marion, McKay & Guerard, Columbia, S.C., on brief), for defendants-appellants.

John Ephraim Johnston (Perry H. Gravely, Leatherwood, Walker, Todd & Mann, Greenville, S.C., on brief) for plaintiff-appellee.

Before WINTER, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Milliken & Co. and three other firms, all generators of waste that had contracted with Ralph C. Medley or with his associates for disposal of hazardous wastes, appeal a judgment declaring that Cincinnati Insurance Co. is not obligated to defend or indemnify Medley in an action brought by the United States to recover the response costs of removing the wastes from Medley's farm. Relying on Maryland Casualty Co. v. Armco, Inc.,<...

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