CPC INTERN., INC. v. NORTHBROOK EXCESS & SURPLUS INS., CO.

No. 94-1276.

46 F.3d 1211 (1995)

CPC INTERNATIONAL, INC., Plaintiff-Appellant, v. NORTHBROOK EXCESS & SURPLUS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided January 25, 1995.


Attorney(s) appearing for the Case

Jerome P. Facher, with whom Michelle D. Miller, Nicholas Carter, Hale and Dorr, Boston, MA, David L. Harris, Geoffrey A. Price and Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, were on brief, for appellant.

Philip J. McGuire, with whom Douglas G. Shreffler, Gleason, McGuire & Shreffler, Chicago, IL, Kenneth P. Borden, Higgins, Cavanaugh & Cooney, Providence, RI, Stephen W. Miller, James B. Burns and Clark, Ladner, Fortenbaugh & Young, Philadelphia, PA, were on brief, for appellee.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.


TORRUELLA, Chief Judge.

Plaintiff-appellant, CPC International, Inc. ("CPC"), filed this action seeking a declaration that defendant-appellee, Northbrook Excess & Surplus Insurance Company ("Northbrook"), is obligated to indemnify it for environmental cleanup costs related to land and water contamination allegedly caused by Peterson/Puritan, Inc. ("Peterson/Puritan"), a former subsidiary of CPC. At the close of CPC's evidence in the jury trial of the case, the...

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