BRODERICK INVESTMENT COMPANY, a partnership and successor to Broderick Wood Products, Inc.; the Colorado National Bank of Denver as trustee; and the First Interstate Bank of Denver, N.A., as trustee, Plaintiffs-Appellees,
v.
The HARTFORD ACCIDENT & INDEMNITY COMPANY, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
January 8, 1992.
Order on Grant of Rehearing and Denial of Suggestion for Rehearing April 15, 1992.
Attorney(s) appearing for the Case
Thomas L. Roberts (Susan T. Smith and Joanne M. Zboyan, of Pryor, Carney & Johnson, P.C., with him on the briefs), of Pryor, Carney & Johnson, P.C., Englewood, Colo., for defendant-appellant.
Brooke Jackson (Camron R. Kuelthau, of Holland & Hart, Denver, Colo., and Elizabeth A. Phelan, Dubofsky & Phelan, Boulder, Colo., with him on the briefs), of Holland & Hart, Denver, Colo., for plaintiffs-appellees.
Thomas W. Brunner, James M. Johnstone, and Daniel E. Troy, of Wiley, Rein & Fielding, Washington, D.C., on the brief for Ins. Environmental Litigation Ass'n, amicus curiae.
Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patricia S. Bangert, Deputy Atty. Gen., Daniel S. Miller, First Asst. Atty. Gen., and Charlotte Robinson, Asst. Atty. Gen., Natural Resources Section, on the brief, for State of Colo., amicus curiae.
William H. Allen and William F. Greaney, of Covington & Burling, Washington, D.C., on the brief for The American Fiber Mfrs. Ass'n, The American Petroleum Institute, The Chemical Mfrs. Ass'n, The Colorado Mining Ass'n, Allied-Signal, Inc., Intern. Business Machines Corp., and Olin Corp., amici curiae.
Before TACHA and SETH, Circuit Judges and BRATTON, District Judge.
United States Court of Appeals, Tenth Circuit.
Order on Grant of Rehearing and Denial of Suggestion for Rehearing En Banc April 15, 1992.
TACHA, Circuit Judge.
I. Introduction
This diversity action presents several questions concerning the availability of coverage under the Comprehensive General Liability (CGL) insurance policy for environmental response costs sought by the Environmental Protection Agency (EPA) pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901...
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