UNITED STATES FIDELITY & GUARANTY COMPANY, St. Paul Mercury Insurance Company, Hartford Casualty Company, and Home Indemnity Company, Plaintiffs-Appellees,
v.
MORRISON GRAIN COMPANY, INC., Defendant-Appellant, and
Morrison Coal Company, Inc., Defendant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 19, 1993.
July 19, 1993.
Attorney(s) appearing for the Case
J. Stan Stexton of Hampton, Royce, Engleman & Nelson, Salina, KS, for defendants-appellants.
Mark C. Beam-Ward of Hill, Beam-Ward & Alberg, Overland Park, KS, Jeffrey L. Fillerup of Adams, Duque & Hazeltine, San Francisco, CA, Arthur S. Chalmers of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS (Thomas R. Hill of Hill, Beam-Ward & Alberg, Overland Park, KS, Mitchell L. Lathrop and Robin Craig-Olson of Adams, Duque & Hazeltine, San Francisco, CA, Stephen M. Kerwick of Foulston, Siefkin, Powers & Eberhardt, Wichita, KS, on the brief), for plaintiffs-appellees.
James T. Price of Spencer Fane Britt & Browne, Kansas City, MO (Terry W. Schackmann and Stephanie A. Matthews, with him on the brief), filed an amicus curiae brief for The American Petroleum Institute, The Chemical Mfrs. Ass'n, International Business Machines Corp., Olin Corp., The American Fiber Mfrs. Ass'n, The Kansas Power and Light Co., and The Cessna Aircraft Co.
William J. Brady of Berkowitz, Brady & Backus, Denver, CO, (David Troup of Weary, Davis, Henry, Struebing & Troup, Junction City, KS, with him on the brief), filed an amicus curiae brief for Colorado Trial Lawyers Ass'n and Kansas Trial Lawyers Ass'n.
Thomas W. Brunner of Wiley, Rein & Fielding, Washington, DC, (James M. Johnstone and Joseph L. Ruby of Wiley, Rein & Fielding, Washington, DC), filed an amicus curiae brief for Ins. Environmental Litigation Ass'n.
Victor C. Harwood, III of Harwood Lloyd, Hackensack, NJ (Edward Zampino and Bernadette M. Peslak of Harwood Lloyd, Hackensack, NJ; Robert M. Baldwin and Walter N. Houghtaling of Long & Jaudon, Denver, CO, with him on the brief), filed an amicus curiae brief for Aetna Cas. & Sur. Co.
Before BALDOCK, KELLY, Circuit Judges, and OWEN, Senior District Judge.
United States Court of Appeals, Tenth Circuit.
OWEN, Senior District Judge.
This action was commenced in the District Court for the District of Kansas by plaintiffs-appellees United States Fidelity & Guaranty Company, St. Paul Mercury Insurance Company, Hartford Casualty Company, and Home Indemnity Company (collectively "Insurers"), seeking a declaratory judgment that they had no liability to defend or indemnify their insureds, defendants-appellants Morrison Grain Company, Inc. and Morrison Coal Company, Inc...
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