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AMERICAN INS. CO. v. FAIRCHILD INDUSTRIES

No. 813, Docket 94-7606.

56 F.3d 435 (1995)

AMERICAN INSURANCE COMPANY, a Nebraska Corporation; and Associated Indemnity Corporation, a California Corporation, Plaintiffs-Counter-Defendants-Appellees, v. FAIRCHILD INDUSTRIES, INCORPORATED, a Delaware Corporation, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 1, 1995.

Attorney(s) appearing for the Case

Steven W. Phillips, Foley, Hoag & Eliot, Boston, MA (Leslie B. Bellas, John A. Shope, Foley, Hoag & Eliot, Boston, MA, of counsel), for defendant-counter-claimant-appellant.

K. Thomas Shahriari, Gilberg & Kurent, Washington, DC (Mitchell A. Stearn, Alan C. Nessman, Gilberg & Kurent, Washington, DC, of counsel), for plaintiffs-counter-defendants-appellees.

Frank M. Pell, Ainsworth, Sullivan, Albany, NY (Edward Zampino, Peter E. Mueller, Victor C. Harwood, III, of counsel), for amicus curiae Aetna Cas. and Sur. Co.

Thomas W. Brunner, John E. Barry, Cynthia L. Kendrick, Wiley, Rein & Fielding, Washington, DC, for amicus curiae Ins. Environmental Litigation Ass'n.

Before: KEARSE and WINTER, Circuit Judges, and CONNER, District Judge.

WINTER, Circuit Judge:

Plaintiffs-appellees are insurers whom the parties refer to collectively as "Fireman's Fund," as shall we. The defendant-appellant is their insured, Fairchild Industries, Incorporated ("Fairchild"), a Delaware Corporation that manufactured aircraft at a plant in Farmingdale, New York. This appeal involves a dispute over Fairchild's right to indemnification and costs of defense for remediation efforts...

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