United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard December 3, 1991.
Decided March 24, 1992.
Rehearing and Rehearing Denied April 15, 1992.
Memorandum on Denial of Rehearing May 13, 1992.
Attorney(s) appearing for the Case
William H. Allen, Saul B. Goodman, William F. Greaney, J. Gregory Sidak and Covington & Burling, Washington, D.C., on brief for The American Petroleum Institute, The American Fiber Mfrs. Ass'n, The Chemical Mfrs. Ass'n, Intern. Business Machines Corp., and Olin Corp., amici curiae.
Philip J. McGuire with whom Charles L. Philbrick, Gleason, McGuire and Shreffler, Chicago, Ill., Stephen W. Miller, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., Kenneth P. Borden, Linda E. Buffardi, and Higgins, Cavanagh & Cooney, Providence, R.I., were on brief for appellee.
Thomas W. Brunner, Marilyn E. Kerst, Lon A. Berk, and Wiley, Rein & Fielding, Washington, D.C., on brief for Insurance Environmental Litigation Ass'n, amicus curiae.
Jerome P. Facher with whom Neil Jacobs, Michelle D. Miller, Linda Sandstrom Simard, Hale and Dorr, Boston, Mass., David L. Harris, Stephen H. Skoller, Lowenstein, Sandler, Kohl, Fisher & Boylan, P.C., Roseland, N.J., John F. Bomster, Mark O. Denehy, and Adler, Pollock, Sheehan, Inc., Providence, R.I., were on brief for appellant.
John A. MacDonald, Deputy Atty. Gen., with whom Robert J. Del Tufo, Atty. Gen., John F. Dickinson, Deputy Atty. Gen., Frank X. Cardiello, Deputy Atty. Gen., and Mary C. Jacobson, Deputy Atty. Gen., Trenton, N.J., were on brief for the State of N.J., amicus curiae.
Before CAMPBELL and TORRUELLA, Circuit Judges, POLLAK, Senior District Judge.
United States Court of Appeals, First Circuit.
Rehearing and Rehearing En Banc Denied April 15, 1992.
LOUIS H. POLLAK, Senior District Judge.
In this diversity case an appeal has been taken from the order of the Rhode Island District Court granting summary judgment in favor of the defendant-appellee, Northbrook Excess and Surplus Insurance Co. (Northbrook), an Illinois insurance company, and against the plaintiff-appellant, CPC International Inc. (CPC).
CPC is a New Jersey-based, Delaware-incorporated...
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