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TRAVELERS INS. CO. v. WALTHAM INDUS. LABORATORIES CORP.

No. 89-1077.

883 F.2d 1092 (1989)

TRAVELERS INSURANCE COMPANY, Plaintiff, Appellee, v. WALTHAM INDUSTRIAL LABORATORIES CORPORATION, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 18, 1989.

As Amended August 29, 1989.

Attorney(s) appearing for the Case

Anton T. Moehrke with whom Kim Maree Johannessen and Wright & Moehrke, P.C., were on brief, for defendants, appellants.

Thomas L. Crotty, Jr., Peter J. Kalis, Thomas M. Reiter, James R. Segerdahl, Kirkpatrick & Lockhart, John J. Weltman, Brown Rudnick Freed & Gesmer, William Hart, Thomas H. Sear and Anderson Russell Kill & Olick on brief, for United Technologies Corp., Westinghouse Elec. Corp., Polaroid Corp. and Textron Inc., amici curiae.

Daniel O. Mahoney with whom Steven L. Schreckinger, Tamara S. Wolfson, Cassandra Warshowsky, Palmer & Dodge, John P. Graceffa and Gallagher & Gallagher, P.C., were on brief, for plaintiff, appellee.

Thomas W. Brunner with whom Marilyn E. Kerst, Matthew S. Bode and Wiley, Rein & Fielding were on brief, for Ins. Environmental Litigation Ass'n, amicus curiae.

Before BOWNES, REINHARDT, and TORRUELLA, Circuit Judges.

BOWNES, Circuit Judge.

This case involves the interpretation of a pollution exclusion in insurance policies issued by plaintiff-appellee, Travelers Insurance Company, to defendants-appellants, Waltham Industrial Laboratories Corp. (WIL), and Memory Lane, Inc. Defendant-appellant Melvin Rosenfeld was the founder and chief executive officer of WIL. The other defendant-appellant is Rosenfeld's wife, Phyllis, who owned and operated Memory Lane, Inc. The district court...

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