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SMITH v. HUGHES AIRCRAFT CO.

Nos. 91-16758, 91-16876, 91-16877, 92-15815, 92-16901 and 92-16957.

10 F.3d 1448 (1993)

Ronald John SMITH, Plaintiff-Appellee, v. HUGHES AIRCRAFT COMPANY, Defendant-Appellant. HARTFORD ACCIDENT & INDEMNITY COMPANY, Plaintiff-Appellee, v. HUGHES AIRCRAFT COMPANY, Defendant-Appellant. INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. HUGHES AIRCRAFT COMPANY, Defendant-Appellant. Ronald John SMITH; Hartford Accident & Indemnity Company, Plaintiffs-Appellees, v. HUGHES AIRCRAFT COMPANY, Defendant-Appellant. Ronald John SMITH; John Edgar Gale; Philip John Freemen, American Home Assurance Company and National Union Fire Insurance Company, et al., Plaintiffs-Appellees, v. HUGHES AIRCRAFT COMPANY, Defendant-Appellant. INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. HUGHES AIRCRAFT COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 26, 1993.

Attorney(s) appearing for the Case

Jeffrey S. Davidson, Kirkland & Ellis, Los Angeles, CA, for defendant-appellant.

John R. Tomlinson and David M. Schoeggl, Lane Powell Spears Lubersky, Seattle, WA, for plaintiffs-appellees Ronald John Smith, et al.

Thomas F. Connell, Wilmer Cutler & Pickering, Washington, DC, for plaintiff-appellee Insurance Co. of North America.

Peter W. Davis, Stephen G. Schrey, James C. Martin, Joseph P. Mascovich, Crosby, Heafey, Roach & May, Oakland, CA, for plaintiff-appellee Hartford Acc. and Indem. Co.

Before: FAIRCHILD, BEEZER, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

OVERVIEW

In 1985, approximately 2,400 residents of the City of Tucson ("the Valenzuela claims") sued Hughes Aircraft Company ("Hughes") for injuries arising out of contamination of their drinking water due to Hughes' practice of discharging trichloroethylene ("TCE") into unlined ponds. In 1991, Hughes settled the Valenzuela claims with a payment of almost $85 million. Ronald John Smith and other Lloyd's underwriters...

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