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CPC INTERN. v. NORTHBROOK EXCESS & SURPLUS INS.

Nos. 97-2073, 97-2074.

144 F.3d 35 (1998)

CPC INTERNATIONAL, INC., Plaintiff, Appellee, v. NORTHBROOK EXCESS AND SURPLUS INSURANCE COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 1, 1998.

Attorney(s) appearing for the Case

Michael Aylward, with whom Alice Olsen Mann, Morrison, Mahoney & Miller, Daniel A. Bartoldus, James J. Jennings, Joshua N. Krellen, and Rivkin, Radler & Kremer, were on brief, for Appellant.

David L. Harris, with whom Geoffrey A. Price, Lowenstein, Sandler, Kohl, Fisher & Boylan, P.C., Mark O. Denehy, and Adler, Pollock & Sheehan, Inc., were on brief, for Appellee.

Laura A. Foggan, Daniel E. Troy, Andrew D. Tabachnik, and Wiley, Rein & Fielding, on brief for amicus curiae Insurance Environmental Litigation Association.

Before TORRUELLA, Chief Judge, LYNCH, Circuit Judge, and STEARNS, District Judge.

LYNCH, Circuit Judge.

An accident in 1974 involving a railroad tank car and a chemical storage tank has led to years of environmental litigation and, ultimately, to this court's consideration of those events almost a quarter century later. In June 1974, an engineer of the Providence and Worcester Railroad Company moved a group of railroad tank cars while one car was still attached to a chemical storage tank at a manufacturing facility in Cumberland, Rhode Island....

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