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MESA OIL, INC. v. INSURANCE CO. OF NORTH AMERICA

No. 96-4034.

123 F.3d 1333 (1997)

MESA OIL, INC., Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee, and Insurance Environmental Litigation Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 20, 1997.

Attorney(s) appearing for the Case

Christopher Harris, Harris, Johnson & Stonecipher, Bozeman, MT (Joanna Johnson, Harris, Johnson & Stonecipher assisted on the briefs), for Plaintiff-Appellant Mesa Oil, Inc.

Scott R. Hoyt, Gibson, Dunn & Crutcher, Dallas, TX (Peter C. D'Apice and Thomas D. Boyle, Gibson, Dunn & Crutcher assisted on the briefs), for Defendant-Appellee Insurance Company of North America.

Laura A. Foggan, Wiley, Rein & Fielding, Washington, DC (Daniel E. Troy and Cherie L. Macauley, Wiley, Rein & Fielding assisted on the brief), for Amicus Curiae Insurance Environmental Litigation Association.

Before EBEL, HOLLOWAY, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

This is a diversity case involving a dispute over insurance coverage. Mesa Oil, Inc. ("Mesa"), a New Mexico oil recycler, purchased Comprehensive General Liability ("CGL") policies from Insurance Company of North America ("INA")1 for two one-year terms during the early 1980's. The policies contained general pollution exclusions as well as specific endorsements excluding from coverage liability resulting from the discharge...

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