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AMERICAN MOTORISTS INS. CO. v. GENERAL HOST CORP.

No. 88-1503.

946 F.2d 1482 (1991)

AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff-Appellee, v. GENERAL HOST CORPORATION & American Salt Company, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 21, 1991.

Attorney(s) appearing for the Case

John Logan O'Donnell, of Olwine, Connelly, Chase, O'Donnell & Weyher, New York City (Michael L. Spafford and Rodney M. Zerbe, of Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, and Thomas D. Kitch and Ron Campbell, of Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., with him on the briefs), for defendants-appellants.

Timothy C. Russell, of Drinker Biddle & Reath, Washington, D.C. (Patricia A. Gotschalk and S. Elizabeth Doran, of Drinker Biddle & Reath, Washington, D.C., and M. Kathryn Webb of Morrison, Hecker, Curtis, Kuder & Parrish, Wichita, Kan., with him on the brief), for plaintiff-appellee.

Terry W. Schackmann, James T. Price, and Stephanie A. Matthews, of Spencer Fane Bitt & Browne, Kansas City, Mo., filed a brief for amici curiae American Petroleum Institute, Texas Instruments, Inc., Maremont Corp., McDonnell Douglas Corp., and Allied Signal Inc.

Thomas W. Brunner, James M. Johnstone, and Robert R. Lawrence, of Wiley, Rein & Fielding, Washington, D.C., filed a brief for amicus curiae Ins. Environmental Litigation Ass'n.

Before McKAY and EBEL, Circuit Judges, and WEST, District Judge.

EBEL, Circuit Judge.

This case involves a dispute over the scope of coverage under four general liability insurance policies issued by plaintiff-appellee American Motorists Insurance Company ("AMICO") to defendants-appellants American Salt Company, Inc. and General Host Corporation (American Salt's corporate parent) for the period from November 1, 1981, to June 15, 1985. Defendants appeal from the district court's July 28, 1987 order declaring that AMICO has no obligations...

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