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U.S. FIDELITY & GUAR. CO. v. U.S.

No. 87-5073.

837 F.2d 116 (1988)

UNITED STATES FIDELITY & GUARANTY COMPANY v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 15, 1988.

Attorney(s) appearing for the Case

Jonathan E. Butterfield (argued), Liebert, Short, Fitzpatrick & Hirshland, Williamsport, Pa., for appellee.

Richard K. Willard, Asst. Atty. Gen., James J. West, U.S. Atty., Jeffrey Axelrad, Phyllis Jackson Pyles (argued), Torts Branch, Civ. Div., U.S. Dept. of Justice, Ray E. Spears, Office of the General Counsel, U.S. Environmental Protection Agency, Washington, D.C., for appellant.

Before SLOVITER and STAPLETON, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The United States Fidelity & Guaranty Company (U.S.F. & G.) instituted this action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1982). The action seeks recovery for losses arising from an accident that occurred during the cleanup of an abandoned chemical facility. After trial, the district court held that U.S...

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