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CITY OF JOHNSTOWN, N.Y. v. BANKERS STANDARD INS.

No. 930, Docket 88-9051.

877 F.2d 1146 (1989)

CITY OF JOHNSTOWN, NEW YORK, Plaintiff-Appellant, v. BANKERS STANDARD INSURANCE COMPANY, Pacific Employers Insurance Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 22, 1989.

Attorney(s) appearing for the Case

James B. Tuttle, (Dreyer, Kinsella, Boyajian & Tuttle, Albany, N.Y., of counsel), for plaintiff-appellant.

Paul R. Koepff, (Kathleen A. Gallagher, Mudge Rose Guthrie Alexander & Ferdon, New York City, of counsel), for defendants-appellees.

Thomas W. Brunner, James M. Johnstone, and John W. Cavilia, (Wiley, Rein & Fielding, Washington, D.C., of counsel), for amicus curiae Ins. Environmental Litigation Ass'n.

Before FEINBERG and PIERCE, Circuit Judges, and MOTLEY, District Judge.

PIERCE, Circuit Judge:

The City of Johnstown, New York (the "City") appeals from an order of the United States District Court for the Northern District of New York (Cholakis, Judge), granting summary judgment to appellees Bankers Standard Insurance Company and Pacific Employers Insurance Company. The City was originally sued by the State of New York in the federal district court under (1) the Comprehensive Environmental...

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