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WEST AMERICAN INSURANCE COMPANY v. DESENBERG

No. 96-2794.

138 F.3d 1428 (1998)

WEST AMERICAN INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellee, v. BAND & DESENBERG, a Florida Partnership, Defendant-Appellant, Marilyn Parkhurst, Marlene Green, Sharon Reilly, Susan Anderson, Defendants.

United States Court of Appeals, Eleventh Circuit.

April 17, 1998.

Attorney(s) appearing for the Case

Steven Chase, Ronala L. Collier, Abel, Band, Russell, Collier, Pitchford & Gordon, Sarasota, FL, for Defendant-Appellant.

W. Lane Neilson, Wayne Tosko, Neilson & Associates, Orlando, FL, for Plaintiff-Appellee.

Before CARNES, Circuit Judge, and CLARK and CAMPBELL, Senior Circuit Judges.

CLARK, Senior Circuit Judge:

This is an appeal from the district court's order granting the plaintiff's motion for summary judgment in an insurance declaratory judgment action. The district court's order, published at 925 F.Supp. 758 (M.D.Fla.1996), contains a concise presentation of the facts and an excellent discussion of the law, but noted that Florida law was not settled on the interpretation of an absolute pollution exclusion...

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