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ST. PAUL FIRE AND MARINE INS. v. WARWICK DYEING

No. 93-1721.

26 F.3d 1195 (1994)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. WARWICK DYEING CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 22, 1994.

Attorney(s) appearing for the Case

Thomas M. Reiter with whom David M. Jones, John M. Edwards, Linda E. Presson, Kirkpatrick & Lockhart, Nicholas Gorham, Edmund L. Alves II and Gorham & Gorham were on brief, for appellant.

Michael Rubin, Asst. Atty. Gen. and Environmental Advocate, Office of the Atty. Gen., and Jeffrey B. Pine, Atty. Gen. of Rhode Island, on brief, for State of Rhode Island, amicus curiae.

Louis V. Jackvony III, on brief, for Town of North Smithfield, amicus curiae.

John F. Bomster, John A. Tarantino, W. James McKay, Victoria M. Almeida, W. Mark Russo, Sherry A. Giarrusso, Adler Pollock & Sheehan Incorporated and Andrew C. Spacone, on brief, for Textron, Inc., amicus curiae.

Kimball Ann Lane with whom Craig R. Brown, Anne T. Turilli, Julie B. Pollack, Roger D. Brown, Adams, Duque & Hazeltine, James T. Murphy and Hanson, Curran, Parks & Whitman, were on brief, for appellee.

Laura A. Foggan, Lon A. Berk, Celiza P. Braganca and Wiley, Rein & Fielding, on brief, for Insurance Environmental Litigation Ass'n, amicus curiae.

Before TORRUELLA, CYR and BOUDIN, Circuit Judges.

TORRUELLA, Circuit Judge.

This case concerns the oft-litigated pollution exclusion clause commonly found in general liability insurance policies. Insurance coverage under this clause, or the lack thereof, has engendered bitter and frequent disputes between insurance companies and policyholders facing some form of environmental liability. We enter the fray secure in the knowledge that, regardless of our holding, we will have followed a sizeable number of the courts...

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