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MOTTOLO v. FIREMAN'S FUND INS. CO.

No. 94-1707.

43 F.3d 723 (1995)

Richard A. MOTTOLO and Service Pumping & Drain Co., Inc., Plaintiffs-Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided January 3, 1995.

Attorney(s) appearing for the Case

James H. Gambrill, with whom Engel, Gearreald & Gardner, P.A., Exeter, NH, was on brief, for appellants.

Kevin C. Devine, with whom Devine & Nyquist, Manchester, NH, Joseph S. Crociata, Stuart L. Peacock, Gilberg & Kurent, Washington, DC, Stephen Dibble and Ouellette, Hallisey, Dibble & Tanguay, P.A., Dover, NH, were on brief, for appellees.

Thomas W. Brunner, Laura A. Foggan, Richard H. Gordin, Lon A. Berk, Dennis A. Tosh and Wiley, Rein & Fielding, Washington, DC, on brief for Ins. Environmental Litigation Ass'n, amicus curiae.

Before TORRUELLA, Chief Judge, BOUDIN, Circuit Judge, and BARBADORO, District Judge.

TORRUELLA, Chief Judge.

Plaintiffs-appellants, Richard Mottolo ("Mottolo") and Service Pumping and Drain Co., Inc. ("Service"), appeal the district court's summary judgment ruling that no coverage was provided under insurance policies issued to Mottolo by defendants-appellees, Fireman's Fund Insurance Company ("Fireman's Fund"), United States Fidelity & Guaranty Company ("USF & G") and Aetna Casualty and Surety Company...

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