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GENERAL CERAMICS INC. v. FIREMEN'S FUND INS.

No. 94-5371.

66 F.3d 647 (1995)

GENERAL CERAMICS INC., National Beryllia Division, v. FIREMEN'S FUND INSURANCE COMPANIES; The St. Paul Property and Liability Insurance Company; Home Insurance Company; Marine Insurance Company; Hartford Insurance Company; Union Indemnity, C/O State of New York Insurance Department Liquidation Bureau; Greater Atlantic Insurance Company; General Ceramics, Inc., National Beryllia Division, a Corporation of the State of New Jersey, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 21, 1995.

Attorney(s) appearing for the Case

David C. Dixon (argued), Scangarella & Feeney, Pompton Plains, NJ, for appellant.

Wendy L. Mager (argued), Jay M. Tuckerman, Smith, Stratton, Wise, Heher & Brennan, Princeton, NJ, for appellee, Home Insurance Co.

Laura A. Foggan, Daniel E. Troy, Stephen D. Goldman, Tanja E. Hens, Wiley, Rein & Fielding, Washington, DC, for amicus curiae, Insurance Environmental Litigation Association.

Before: STAPLETON, GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is an action for a declaratory judgment that a standard comprehensive liability insurance policy covers a liability incurred under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-9675. Central to its resolution is a choice-of-law issue governed by New Jersey's choice-of-law rules. We must decide whether New Jersey or Pennsylvania...

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