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TEXACO A/S (DENMARK) v. COMMERCIAL INS. CO.

Docket No. 97-7248.

160 F.3d 124 (1998)

TEXACO A/S (DENMARK); S.A. Texaco Belgium N.V.; and Texaco Nederland B.V., Plaintiffs-Appellants, v. COMMERCIAL INSURANCE CO. OF NEWARK, NJ; United States Fidelity and Guaranty Company; Granite State Insurance Company; and The Insurance Company of the State of Pennsylvania, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 10, 1998.

Attorney(s) appearing for the Case

John E. Heintz, Howrey & Simon, Washington, D.C. (Wendy Oatis, Howrey & Simon; Patrick M. McGovern, Zevnik Horton Guibord & McGovern, New York City, on the brief), for Plaintiffs-Appellants.

Eugene Wollan, Mound, Cotton & Wollan, New York City (Costantino P. Suriano, Renee M. Plessner, Michael T. Altman, on the brief), for Defendants-Appellees.

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

Before: VAN GRAAFEILAND, MESKILL, and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Plaintiffs Texaco A/S, Texaco Belgium, and Texaco Nederland (collectively, "Texaco Europe") appeal from the partial summary judgment of the United States District Court for the Southern District of New York (John F. Keenan, Judge), dismissing the portion of their insurance coverage action that sought a declaration that they were entitled to indemnity under certain policies issued by the defendants (collectively, "AIU")...

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