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INSURANCE CO. OF NORTH AMERICA v. U.S. GYPSUM CO.

No. 88-1110.

870 F.2d 148 (1989)

INSURANCE COMPANY OF NORTH AMERICA, INC., Plaintiff-Appellant, v. U.S. GYPSUM COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1989.

Rehearing and Rehearing Denied April 11, 1989.

Attorney(s) appearing for the Case

James Thomas Ferrini (Richard R. Winter, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago, Ill., Wade Massie, Penn, Stuart, Eskridge & Jones, Abingdon, Va., Samuel P. Gerace, Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., on brief), for plaintiff-appellant.

Stephen Cassidy Neal (Kevin T. Van Wart, Lise T. Spacapan, Walter R. Lancaster, Kirkland & Ellis, Christopher J. McElroy, U.S. Gypsum Co., Chicago, Ill., R. Harvey Chappell, Jr., Mary Metil Grove, Orran Lee Brown, Christian, Barton, Epps, Brent & Chappell, Richmond, Va., Jackson S. White, Jr., White, Elliott & Bundy, Abingdon, Va., on brief), for defendant-appellee.

Before SPROUSE and CHAPMAN, Circuit Judges, and MOTZ, United States District Judge for the District of Maryland, sitting by designation.

Rehearing and Rehearing In Banc Denied April 11, 1989.

MOTZ, District Judge.

Insurance Company of North America ("INA") appeals from a multi-million dollar jury verdict entered against it in favor of United States Gypsum Company ("USG"). The jury found INA liable under an "all risk" policy for damages sustained by USG as a result of a massive earth subsidence which occurred on November 4, 1984 beneath one of its plants located in Plasterco, Virginia.

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