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AEROQUIP CORP. v. AETNA CAS. AND SUR. CO., INC.

No. 91-56356.

26 F.3d 893 (1994)

AEROQUIP CORPORATION, Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1994.

Attorney(s) appearing for the Case

Michael Hickok, Seyfarth, Shaw, Fairweather & Geraldson, Los Angeles, CA, for plaintiff-appellant.

Richard J. Doren, Gibson, Dunn & Crutcher, Los Angeles, CA, Victor C. Harwood, III, Harwood Lloyd, Hackensack, NJ, for defendants-appellees.

Before: FLOYD R. GIBSON, HALL and KLEINFELD, Circuit Judges.

PER CURIAM.

Aeroquip Corporation brought this action against Aetna Casualty and Surety Company, Inc., seeking a declaration that certain Aetna insurance policies cover cleanup costs resulting from a leak in an underground fuel tank. Each policy excluded coverage for pollution, but some policies contained an exception to the exclusion for "sudden and accidental" pollution. The district court granted summary judgment in favor of Aetna. We conclude that Aeroquip, acting...

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