INDUSTRIAL CHEM. & FIBERGLASS CORP. v. NORTH RIVER INS. CO.

No. 89-7158.

908 F.2d 825 (1990)

INDUSTRIAL CHEMICAL & FIBERGLASS CORP., a corporation, Plaintiff-Cross Claim-Plaintiff-Appellant, Hartford Accident & Indemnity Company, Plaintiff-Joinder-Counterclaim-Defendant-Appellant, Mission Insurance Company, Plaintiff-Intervenor & Cross Claim-Appellee, v. The NORTH RIVER INSURANCE COMPANY, National Union Fire Insurance Company of Pittsburgh, Pa., Defendants-Counterclaim Plaintiffs-Cross-Claim Defendants-Appellees, Centennial Insurance Company, Counter Claim-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 9, 1990.


Attorney(s) appearing for the Case

Hobart A. McWhorter, Jr., Bradley, Arant, Rose and White, Donald M. James, Stewart M. Cox, Birmingham, Ala., for Ind. Chem. & Fiberglass Corp.

Deborah Alley Smith, Rives & Peterson, Norma Mungenast Lemley, Edgar M. Elliott, III, Clarence M. Small, Jr., Birmingham, Ala., for Centennial Ins.

Larry B. Childs, Cabanise, Johnston, Gardner, Dumas & O'Neal, Steve Alan Tucker, Birmingham, Ala., for Hartford Acc. & Indem. Co.

W. Stancil Starnes, Starnes & Atchison, Birmingham, Ala., for North River Ins. Co., et al.

Richard F. Ogle, Schoel, Ogle, Benton, Gentle & Centeno, Douglas J. Centeno, Birmingham, Ala., for Mission Ins. Co.

Before CLARK and EDMONDSON, Circuit Judges, and RUBIN, Senior Circuit Judge.


EDMONDSON, Circuit Judge:

In 1980, two workers were burned to death while repairing a fiberglass storage tank when a bucket of methyl ethyl ketone peroxide ("MEKP") ignited. The estates of the workers, Chandler and Ensley, brought tort actions in state court against Reichhold Chemicals Inc. ("Reichhold") which manufactures MEKP, Industrial Chemical & Fiberglass Corporation ("Industrial Chemical") which distributes MEKP, and others who are not parties to this action...

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