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SOUTHERN SOLVENTS, INC. v. NEW HAMPSHIRE INS. CO.

No. 95-3058.

91 F.3d 102 (1996)

SOUTHERN SOLVENTS, INCORPORATED, Plaintiff-Appellant, v. NEW HAMPSHIRE INSURANCE COMPANY; Granite State Insurance Company, Employers National Insurance Corporation, Defendants, Canal Insurance Company, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 12, 1996.

Attorney(s) appearing for the Case

C. Michael Johnson, Atlanta, GA, for appellant.

Douglas M. Fraley, Tampa, FL, for appellee.

Laura A. Foggan, Daniel E. Troy, Stephen D. Goldman, Wiley, Rein & Fielding, Washington, DC, amicus curiae.

Before CARNES, Circuit Judge, and FAY and GIBSON, Senior Circuit Judges.

PER CURIAM:

Southern Solvents appeals the order of the District Court granting Canal Insurance Company's motion for summary judgment. 894 F.Supp. 430. We VACATE the order of the District Court and REMAND.

I. STATEMENT OF THE CASE

Prior to 1986, Southern Solvents, Incorporated (Southern) operated a tetrachloroethylene ("PERC") distribution facility in Tampa, Florida. PERC is a solvent used in the dry cleaning...

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