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WINDHAM SOLID WASTE MGMT. DIST. v. NATIONAL CAS. CO.

No. 97-9536.

146 F.3d 131 (1998)

WINDHAM SOLID WASTE MANAGEMENT DISTRICT, Plaintiff-Appellant, v. NATIONAL CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1998.

Attorney(s) appearing for the Case

John J. Boylan, III, Boylan & Bowen, Springfield, VT, for Plaintiff-Appellant.

Shapleigh Smith, Jr., Dinse, Knapp & McAndrew, Burlington, VT (Samuel Hoar, Jr., of counsel), for Defendant-Appellee.

Laura A. Foggan, Wiley, Rein & Fielding, Washington, DC (Daniel E. Troy, of counsel), for Amicus Curiae Insurance Environmental Litigation Association.

Before: WINTER, Chief Judge, McLAUGHLIN, Circuit Judge, and SHADUR, District Judge.

WINTER, Chief Judge:

The Windham Solid Waste Management District ("the District") appeals from an adverse grant of summary judgment and dismissal of its declaratory judgment action against its insurance carrier, National Casualty Company ("National"). The District is an entity controlled by various Vermont municipal or local governments that use it for purposes of waste disposal. The District has incurred remediation costs...

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