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KOPPERS CO., INC. v. AETNA CAS. AND SUR. CO.

Nos. 95-3432, 95-3461.

98 F.3d 1440 (1996)

KOPPERS COMPANY, INC. v. The AETNA CASUALTY AND SURETY COMPANY; Zurich Insurance Company; The Travelers Indemnity Co.; The American Home Assurance Company; Commercial Union Insurance Company; The Home Insurance Company; Underwriter's At Lloyd's of London. Certain Underwriters at Lloyd's, London; Certain Insurance Companies in the London Market, referred to in this action as "Jackson and Companies",* (* Pursuant to Rule 12(a), F.R.A.P.) Appellants in No. 95-3432. KOPPERS COMPANY, INC. v. The AETNA CASUALTY AND SURETY COMPANY; Zurich Insurance Company; The Travelers Indemnity Co.; The American Home Assurance Company; Commercial Union Insurance Company; The Home Insurance Company; Underwriters's at Lloyd's of London; Certain Insurance Companies in the London Market, referred to in this action as "Jackson and Companies."* (* Pursuant to Rule 12(a), F.R.A.P.) Koppers Company, Inc., Appellant in No. 95-3461.

United States Court of Appeals, Third Circuit.

Decided October 28, 1996.

Attorney(s) appearing for the Case

Joseph W. Montgomery, III (argued), Jones, Day, Reavis & Pogue, Pittsburgh, PA, for Appellee/Cross-Appellant.

Larry R. Eaton (argued), Gregory G. Smith, Blatt, Hammesfahr & Eaton, Chicago, IL, and William T. Hangley, Hangley, Aronchick, Segal & Pudlin, Philadelphia, PA, and Kent D. Syverud, Ann Arbor, MI, for Appellants/Cross-Appellees.

Before: STAPLETON, COWEN, and SEITZ, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Koppers Company, Inc. ("Koppers"),1 asserts breach of contract and declaratory judgment claims against its liability insurers, based on their denial of coverage for various environmental property damage claims. Koppers entered into settlement agreements with several of its insurers prior to trial, leaving only certain excess liability insurers as litigating defendants. Following...

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