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FEDERATED MUT. INS. CO. v. BOTKIN GRAIN CO.

No. 94-3245.

64 F.3d 537 (1995)

FEDERATED MUTUAL INSURANCE COMPANY, a Minnesota corporation, and Grain Dealers Mutual Insurance Company, Plaintiffs-Counter-Claim-Defendants-Appellees, v. BOTKIN GRAIN CO., a Kansas corporation, Defendant-Counter-Claimant-Appellant, Insurance Environmental Litigation Association and Aetna Casualty and Surety Company, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 17, 1995.

Attorney(s) appearing for the Case

Charles E. Millsap, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for appellant.

Timothy Finnerty, McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, KS, for appellee, Federated Mut. Ins. Co.

Chris Cole (Lee Woodard and Michael M. Walker, with him on the brief), Woodard, Blaylock, Hernandez, Roth & Day, Wichita, KS, for appellee, Grain Dealers Mut. Ins. Co.

Thomas W. Brunner, John E. Barry, Dennis A. Tosh, of Wiley, Rein & Fielding, Washington, DC, for amicus curiae Ins. Environmental Litigation Ass'n.

Edward Zampino, Peter E. Mueller, Victor C. Harwood, III., of Harwood Lloyd, Hackensack, NJ and Dennis Brown of Long & Jaudon, Denver, Co., for amicus curiae Aetna Cas. and Sur. Co.

Before HENRY and LOGAN, Circuit Judges, and ELLISON, Senior District Judge.

ELLISON, Senior District Judge.

Statement of the Case

Insurers Federated and Grain Dealers brought this action seeking a declaratory judgment that their comprehensive general liability and umbrella policies did not provide coverage for a state ordered cleanup of petroleum groundwater at a fuel depot owned by Botkin. The parties filed cross motions for summary judgment, and the district judge entered summary...

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