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TITAN HOLDINGS SYNDICATE v. CITY OF KEENE, N.H.

No. 89-1381.

898 F.2d 265 (1990)

TITAN HOLDINGS SYNDICATE, INC., et al., Plaintiffs, Appellees, v. The CITY OF KEENE, NEW HAMPSHIRE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 15, 1990.

Attorney(s) appearing for the Case

Mary Louise Caffrey with whom Ernest L. Bell, III, and Bell, Falk & Norton, P.A., Keene, N.H., were on brief for defendant, appellant.

Sharon A. Spickler with whom Paul R. Cox, Kevin P. Landry and Burns, Bryant, Hinchey, Cox & Schulte, P.A., Dover, N.H., were on brief for plaintiffs, appellees.

Before SELYA, Circuit Judge, COFFIN and FAIRCHILD, Senior Circuit Judges.

FAIRCHILD, Senior Circuit Judge.

At issue in this action for declaratory judgment is the scope of the "pollution exclusion" clauses in two liability insurance policies. We are asked to decide whether the district court erred by holding that the clauses relieve the policy issuers from defending a complaint brought against the City of Keene, New Hampshire, for damage allegedly caused by the City's operation of a sewage treatment plant.

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