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ENVIRONMENTAL TRANSP. SYSTEMS, INC. v. ENSCO, INC.

Nos. 91-1847, 91-2216.

969 F.2d 503 (1992)

ENVIRONMENTAL TRANSPORTATION SYSTEMS, INCORPORATED, also known as Environmental Transportation Services, Incorporated, an Oklahoma corporation, and Canal Insurance Company, a South Carolina corporation, Plaintiffs-Appellants, v. ENSCO, INCORPORATED, an Arkansas corporation, both individually and as successor in interest to Energy Systems Company, an Arkansas corporation, and Northern States Power Company, a Minnesota corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 30, 1992.

Attorney(s) appearing for the Case

Robert J. Noe, Bozeman, Neighbour, Patton & Noe, Moline, Ill., William D. Pettigrew, argued, Linda G. Alexander, Niemeyer, Noland & Alexander, Oklahoma City, Okl., for Canal Ins. Co., Environmental Transp. Systems, Inc. in No. 91-1847.

Gabriel M. Rodriguez, argued, Sheldon A. Zabel, Schiff, Hardin & Waite, Chicago, Ill., Willis Conkhite, III, Little Rock, Ark., for Ensco, Inc., Energy Systems Co., and N.S.P. Co.

Robert J. Noe, Bozeman, Neighbour, Patton & Noe, Moline, Ill., Linda G. Alexander, Kenneth D. Upton, Jr., William D. Pettigrew, argued, Niemeyer, Noland & Alexander, Oklahoma City, Okl., for Canal Ins. Co., Environmental Transp. Systems, Inc., in No. 91-2216.

Before COFFEY and KANNE, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

Environmental Transportation Systems, Incorporated and its insurer, Canal Insurance Company, appeal the district court's decision to allocate to Environmental Transportation Systems, Incorporated the entire cost of cleaning up a spill of polychlorinated biphenyl dielectric fluid arising from a single vehicle accident that occurred on an Illinois interstate highway interchange ramp in November 1984. 763...

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