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ANDERSON DEVELOPMENT CO. v. TRAVELERS INDEM. CO.

Nos. 93-2140, 93-2166.

49 F.3d 1128 (1995)

ANDERSON DEVELOPMENT COMPANY, a Michigan corporation, Plaintiff-Appellant, Cross-Appellee, v. TRAVELERS INDEMNITY COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 20, 1995.

Attorney(s) appearing for the Case

Charles E. Barbieri Foster, Swift, Collins & Smith, Lansing, MI (argued and briefed), for plaintiff-appellant, cross-appellee Anderson Development Co.

Stephen M. Kelley, Kelley, Casey & Clarke, Detroit, MI (argued and briefed), for defendant-appellee, cross-appellant Travelers Indem. Co.

Laura A. Foggan, Wiley, Rein & Fielding, Washington, DC (briefed), for amicus curiae Ins. Environmental Litigation Ass'n.

Before: BROWN, RYAN, and BOGGS, Circuit Judges.

BROWN, J., delivered the opinion of the court, in which BOGGS, J., joined. RYAN, J., (pp. ___ _ ___), delivered a separate concurring opinion and concurred in the judgment.

BAILEY BROWN, Circuit Judge.

The insured, Anderson Development Company ("ADC"), brought a declaratory judgment action against its insurer, Travelers Indemnity Company ("Travelers"), seeking coverage under its insurance policies for costs of defense and indemnification resulting from a government...

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