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BITUMINOUS CAS. CORP. v. TONKA CORP.

No. 92-3187.

9 F.3d 51 (1993)

BITUMINOUS CASUALTY CORPORATION, an Illinois corporation, Plaintiff-Appellee, v. TONKA CORPORATION, a Minnesota corporation, Defendant-Appellant, v. BITUMINOUS CASUALTY CORPORATION, The Travelers Insurance Company, North River Insurance Company, Great American Insurance Company, Industrial Indemnity Company, Zurich Insurance Company, United States Fire Insurance Company, Mission National Insurance Company, Twin City Fire Insurance Company, Counter-Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 12, 1993.

Rehearing Denied December 21, 1993.

Attorney(s) appearing for the Case

Mary R. Vasaly, Minneapolis, MN, argued (David F. Herr, Mallory K. Mullins and Anna L. Korinko, on the brief), for defendant-appellant.

Thomas E. Peterson and Leon R. Erstad, Minneapolis, MN, argued, for appellees.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

LOKEN, Circuit Judge.

Tonka Corporation ("Tonka") appeals the district court's1 grant of summary judgment declaring that Bituminous Casualty Corporation and several other insurance companies (collectively, "the Insurers") have no duty to defend or indemnify Tonka for its costs incurred in a proceeding initiated by the Minnesota Pollution Control Agency ("MPCA") to remedy groundwater contamination at Tonka's facility in Mound, Minnesota...

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