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NL INDUSTRIES, INC. v. COMMERCIAL UNION INS. CO.

No. 94-5470.

65 F.3d 314 (1995)

NL INDUSTRIES, INC. v. COMMERCIAL UNION INSURANCE COMPANY Defendant/Third-Party Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S; Insurance Company of North America; Northbrook Excess and Surplus Insurance Company Third-Party Defendants, Commercial Union Insurance Companies, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 8, 1995.

Attorney(s) appearing for the Case

Steven R. Brock (argued), Howard M. Tollin, David M. Cassidy, Richard S. Feldman, Rivkin, Radler & Kremer, Uniondale, NY, for appellant, Commercial Union Ins. Companies.

Samuel A. Haubold (argued), Steven C. Florsheim, Kirkland & Ellis, Chicago, IL, Andrew T. Berry, Kevin J. Connell, McCarter & English, Newark, NJ, Mark E. Ferguson, Bartlit, Beck, Herman, Palenchar & Scott, Chicago, IL, for appellee, NL Industries, Inc.

Terry M. Cosgrove (argued), Steven M. Hoke, Peterson & Ross, Chicago, IL, for appellee, Certain Underwriters at Lloyd's of London.

Paul R. Koepff (argued), Joseph E. Boury, O'Melveny & Myers, Newark, NJ, O'Melveny & Myers, New York City, for appellee, Ins. Co. of North America.

Before: BECKER, SCIRICA and WOOD, Jr., Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by defendant/third party plaintiff Commercial Union Insurance Company ("CU") arises out of a suit brought by plaintiff/appellee NL Industries ("NL") seeking a declaration that it is entitled to product liability insurance coverage for a large number of lawsuits alleging lead paint exposure. Jurisdiction is based on diversity of citizenship. CU appeals...

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