AVONDALE INDUSTRIES, INC. v. TRAVELERS INDEM. CO.

No. 999, 89-7035.

894 F.2d 498 (1990)

AVONDALE INDUSTRIES, INCORPORATED and Ogden Corporation, Plaintiffs-Appellees, v. The TRAVELERS INDEMNITY COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, Highlands Insurance Company, American Motorists Insurance Company, and National Union Fire Insurance Company, Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 10, 1990.


Attorney(s) appearing for the Case

Barry R. Ostrager, New York City (Simpson Thacher & Bartlett, New York City, of counsel), for defendant-appellant The Travelers Indem. Co.

Thomas W. Brunner, Washington, D.C. (Marilyn E. Kerst, Frederick S. Ansell, Wiley, Rein & Fielding, Washington, D.C., of counsel), filed a letter brief for Ins. Environmental Litigation Ass'n as amicus curiae.

Patrick J. Foley, New York City, filed a memorandum for New York State Ins. Ass'n as amicus curiae.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.


OPINION ON PETITION FOR REHEARING

PER CURIAM:

Appellant, Travelers Indemnity Company (Travelers), and amici, Insurance Environmental Litigation Association and New York State Insurance Association, urge us to grant their petition for rehearing in Avondale Industries, Inc. v. Travelers Indemnity Co., 887 F.2d 1200 (2d Cir.1989), on the basis of two cases handed down by the New York Court of Appeals, which were...

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