BITUMINOUS CAS. CORP. v. VACUUM TANKS, INC.

No. 91-2709.

975 F.2d 1130 (1992)

BITUMINOUS CASUALTY CORPORATION, Plaintiff-Appellant, v. VACUUM TANKS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 22, 1992.


Attorney(s) appearing for the Case

Beverly G. Godbey, Joanne Early, Gardere & Wynne, Dallas, Tex., for plaintiff-appellant.

Norman Riedmueller, Ellen A. Yarrell, Mary Sue LeBlanc, Houston, Tex., for defendant-appellee.

Before JOHNSON, GARWOOD, and WIENER, Circuit Judges.


JOHNSON, Circuit Judge:

Bituminous Casualty Corporation (Bituminous) appeals a declaratory judgment entered by the district court in favor of Vacuum Tanks, Inc. (VTI). The district court found that Bituminous had a duty to defend VTI against claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) which resulted from VTI's waste dumping activities from 1959-1965. Bituminous...

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