INDEPT. PETROCHEMICAL v. AETNA CAS. & SUR. CO.

Nos. 89-5367, 89-5368.

944 F.2d 940 (1991)

INDEPENDENT PETROCHEMICAL CORPORATION, et al., Appellants, v. AETNA CASUALTY AND SURETY COMPANY, et al. (Two Cases).

United States Court of Appeals, District of Columbia Circuit.

Decided September 13, 1991.

Rehearing Denied November 5, 1991.


Attorney(s) appearing for the Case

John H. Gross, with whom Jerold Oshinsky, Sherry W. Gilbert, Robert H. Shulman and Stephan G. Weil were on the brief, for appellants in 89-5367 and 89-5368.

Dennis M. Flannery, with whom W. Scott Blackmer was on the brief, for appellee Ins. Co. of North America, in 89-5368.

Paul L. Friedman, with whom Anne D. Smith was on the brief, for appellee, Pacific Indem. Co., in 89-5367. Lloyd H. Randolph also entered an appearance for appellee.

Richard B. Stewart, Asst. Atty. Gen., Anne S. Almy, Steven R. Baer and Catherine M. Flanagan, Attys., Dept. of Justice, were on the brief, for amicus curiae, in 89-5367 and 89-5368 urging that the Order granting Summary Judgment to Independent Petrochemical Corporation's insurers be reversed.

James P. Schaller and Timothy R. Dingilian entered appearances for appellees, American Home Assur. Co., Insurance Co. of the State of Pennsylvania; and Lexington Ins. Co., in 89-5367 and 89-5368.

James E. Rocap, III, Niki Kuckes and Martin D. Minsker entered appearances for appellee, Aetna Cas. and Surety Co., in both cases.

Peter J. Schlesinger entered an appearance for appellee, The Travelers Indem. Co., in both cases.

Robert E. Heggestad entered an appearance for appellee, Harbor Ins. Co., in both cases.

Joseph F. Cunningham entered an appearance for appellee, Stonewall Ins. Co., in both cases.

James W. Greene entered an appearance for appellees, American Re-Insurance Co., et al., in both cases.

Richard H. Gimer, Potomac, Md., Stephen L. Humphrey, Kathryn A. Underhill, and Richard A. Ifft entered appearances for appellees, American Employers' Insurance Co. and Employers' Commercial Union Ins. Co. in No. 89-5368.

Michael Nussbaum and Martin R. Baach entered appearances for appellee, certain underwriters at Lloyd's London and certain companies in the London market, in No. 89-5368.

Before EDWARDS, WILLIAMS, and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This diversity case reaches us on appeal after eight years of litigation in the district court about matters that have no connection whatever to the District of Columbia. The litigation, which involves a wide array of complex issues, is continuing. See Independent Petrochemical Corp. v. Aetna Casualty & Surety Co., 654 F.Supp. 1334

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