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MUSTANG TRACTOR & EQUIPMENT v. LIBERTY MUT. INS.

No. 94-20758.

76 F.3d 89 (1996)

MUSTANG TRACTOR & EQUIPMENT COMPANY and Eureka Investment Company, Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, et al., Defendants, First State Insurance Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 22, 1996.

Attorney(s) appearing for the Case

Randall A. Pulman, Clayton C. Cannon, Stumpf & Falgout, San Antonio, TX, for appellants.

John D. Skruge, Chicago, IL, Ralph H. Duggins, Ft. Worth, TX, for amicus Union Pacific Railroad Co., et al.

Robert L. Carter, Washington, DC, for amicus Texas Chemical Council.

J. Preston Wrotenbury, Hirsch, Robinson, Sheiness & Glover, PC, Houston, TX, David Pollack, Stephanie Ebers, Siff, Rosen, New York City, for appellee.

Tanja E. Hens, Washington, DC, for amicus Ins. Environm. Litigat. Ass'n.

Thomas Brocato, Gold, Weems, Bruser, Sues & Rundeil, Alexandria, LA, for amicus Aetna Casualty & Surety Co.

Thomas W. Brunner, Wiley, Rein & Fielding, Washington, DC, for amicus curiae.

Edward Zampino, Peter E. Mueller, Harwood Lloyd, Hackensack, NJ, for amicus curiae Aetna Casualty & Surety Co.

Before DAVIS and PARKER, Circuit Judges, and BUNTON, District Judge.

W. EUGENE DAVIS, Circuit Judge:

Mustang Tractor & Equipment Company and its wholly-owned subsidiary Eureka Investment Company (hereinafter collectively referred to as Mustang) appeal from the district court's order denying their motion and granting their insurer's motion for summary judgment. Appellants contend the district court erred in sustaining their insurer's coverage defense. We affirm.

I.

In 1973 Mustang purchased an eighteen and a half...

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