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SMITH v. TUCSON AIRPORT AUTHORITY

No. 2 CA-CV 93-0204.

180 Ariz. 165 (1994)

882 P.2d 1291

Ronald John SMITH, an Underwriter at Lloyd's London, et al., Plaintiffs/Appellees, v. The TUCSON AIRPORT AUTHORITY, a corporation, and the City of Tucson, a municipality, Defendants/Appellees, and Barbara Valenzuela, and approximately 1900 Plaintiffs-in-Intervention, et al., Plaintiffs-in-Intervention/Appellants.

Court of Appeals of Arizona, Division 2, Department A.

Review Granted November 9, 1994.

Attorney(s) appearing for the Case

Mitten, Goodwin & Raup by R.C. Mitten, Edward R. Glady and Donald F. Froeb, Phoenix, Lesher & Williams by Robert O. Lesher, Tucson, Gust Rosenfeld by H. William Fox and Peter Collins, Jr., Phoenix, for plaintiffs/appellees.

Baron & Budd by Frederick M. Baron, Jane Saginaw and Janice Robinson, Dallas, TX, Gonzales & Villarreal by Richard J. Gonzales, Tucson, Anderson Kill Olick & Oshinsky by Jerold Oshinsky and Nancy Markowitz, Washington, DC, for plaintiffs-in-intervention/appellants.

OPINION

LIVERMORE, Presiding Judge.

Trichloroethylene (TCE), an industrial solvent, was used by various lessees of Tucson Airport Authority (TAA). Disposal of the solvent on airport property ultimately contaminated groundwater and injured many southside Tucson residents. They brought suit against TAA and the City of Tucson. The defendants tendered the defense to their insurers who agreed to defend under a...

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