Docket Nos. 97-5045, 97-5053.

158 F.3d 65 (1998)

In re: PRUDENTIAL LINES INC., Debtor. Lee J. DICOLA, Trustee of the PLI Disbursement Trust, Plaintiff, Asbestosis Claimants Represented by the Maritime Asbestosis Legal Clinic, Intervenors-Plaintiffs-Appellants-Cross-Appellees, v. AMERICAN STEAMSHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 5, 1998.

Attorney(s) appearing for the Case

Alan Kellman, Detroit, MI (Leonard C. Jaques, The Maritime Asbestosis Legal Clinic, on the brief), for Intervenors-Plaintiffs-Appellants-Cross-Appellees.

Richard H. Brown, Jr., New York, NY (Kirlin, Campbell & Keating, James M. Maloney, Christy & Viener, on the brief), for Defendant-Appellee-Cross-Appellant.

Before: VAN GRAAFEILAND, JACOBS and LAY, Circuit Judges.

JACOBS, Circuit Judge:

The Trustee of a shipping line in bankruptcy, Prudential Lines, Inc., sued Prudential's insurer, American Steamship Owners Mutual Protection and Indemnity Association ("American Club"), seeking declaratory relief clarifying American Club's indemnity obligations for asbestos-related bodily injury claims asserted against Prudential; the asbestosis claimants (the "Claimants") intervened. The issues contested on this appeal arise under the pay first...

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