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TECHNICAL COATING APPLICATORS v. U.S. FIDELITY & GUARANTY

No. 97-2448.

157 F.3d 843 (1998)

TECHNICAL COATING APPLICATORS, INC., Plaintiff-Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 9, 1998.

Attorney(s) appearing for the Case

John C. Yang, Terri A. Ecklebarger, Jennifer Short, Washington, DC, Walter J. Andrews, Wiley, Rein & Fielding, Washington, DC, Stephen T. Holman, Pensacola, FL, for Defendant-Appellant.

David K. Miller, Tallahassee, FL, for Plaintiff-Appellee.

Before BIRCH, Circuit Judge, and HILL and KRAVITCH, Senior Circuit Judges.

BIRCH, Circuit Judge:

In this insurance contract case, United States Fidelity and Guaranty Company ("USF&G") appeals the district court's conclusion that, under Florida law, an "absolute pollution exclusion" is ambiguous when applied to the emission of vapors from products used in their normal manner. For the reasons that follow, we conclude that the district court erred in holding that the absolute pollution exclusion is ambiguous under these circumstances. We...

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