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CSX TRANSP., INC. v. COMMERCIAL UNION INS. CO.

Nos. 95-7106, 95-7107.

82 F.3d 478 (1996)

CSX TRANSPORTATION, INC., Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 1996.

Attorney(s) appearing for the Case

Leon B. Kellner argued the cause, for appellant, with whom Lee M. Straus and Robert W. Pommer, III, Washington, DC, were on the briefs.

Richard A. Ifft, Washington, DC, argued the cause and filed the brief, for appellee.

Before: EDWARDS, Chief Judge, SILBERMAN, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

CSX Transportation, Inc. appeals the district court's grant of summary judgment in favor of Commercial Union Insurance Company on coverage issues arising out of excess insurance policies issued to CSX. We affirm in part, reverse in part, and remand.

I.

CSX is the successor in interest to a number of railroads that purchased excess insurance policies from insurance...

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