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GULF CHEMICAL & METALLURGICAL, CORP. v. ASSOCIATED METALS & MINERALS CORP.

No. 92-7499.

1 F.3d 365 (1993)

GULF CHEMICAL & METALLURGICAL CORPORATION and Cheminter Corporation, Plaintiffs-Appellants Cross-Appellees, v. ASSOCIATED METALS & MINERALS CORPORATION, et al., Defendants, Associated Metals & Minerals Corporation, General Star Indemnity, Insurance Company of North America, a/k/a Cigna Property and Casualty Companies, and International Surplus Lines Insurance Company, Defendants-Appellees, and Birmingham Fire Insurance Company of Pennsylvania, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

September 13, 1993.

Attorney(s) appearing for the Case

David W. Alexander, James D. Thomas, Squire, Sanders & Dempsey, Columbus, OH, for plaintiffs-appellants cross-appellees.

Michael E. Warrick, Sheryl Mulliken Fike, Hudgins, Hudgins & Warrick, Houston, TX, for Birmingham Fire Ins.

Margaret F. Catalano, Howard L. Close, Orgain, Bell & Tucker, Beaumont, TX, Kevin Coughlin, McElroy, Deutsch & Mulvaney, Morristown, NJ, for International Surplus Lines Ins. Co.

Joseph P. Witherspoon, III, Jacobus, Boltz & Melamed, Houston, TX, for Associated Metals & Minerals, et al.

Scott Statham, David H. Brown, Vinson & Elkins, Houston, TX, for General Star Indem.

Richard M. Shusterman, Barbara S. Zellner, Regina B. Mapes, White & Williams, Philadelphia, PA, for Insurance Co. of North America.

Before POLITZ, Chief Judge, REAVLEY and BARKSDALE, Circuit Judges.

REAVLEY, Circuit Judge:

Gulf Chemical & Metallurgical Corporation (Gulf) sued its insurers and its former parent corporation for breach of contract and declaratory judgment, alleging that these defendants ignored their contractual obligations to defend Gulf in an ongoing toxic-tort case that features some 2000 plaintiffs. On summary judgment, the district court apportioned Gulf's defense costs among Gulf and two of Gulf's insurers. We vacate the judgment and instruct...

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