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INDIANA GAS CO., INC. v. HOME INS. CO.

Nos. 97-1328, 97-1381.

141 F.3d 314 (1998)

INDIANA GAS COMPANY, INC., et al., Plaintiffs-Appellants, v. HOME INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 6, 1998.

Opinion Denying Rehearing May 13, 1998.

Attorney(s) appearing for the Case

Edward P. Henneberry, Mark Levy (argued), Howry & Simon, Washington, DC, for Indiana Gas Co., Inc., Richmond Gas Corp. and Terre Haute Gas Corp.

Roger E. Warin, Harry Lee (argued), Steptoe & Johnson, Washington, DC, for Home Ins. Co.

Thomas J. Quinn, Stephen T. Roberts (argued), Mendes & Mount, LLP, New York City, James E. Rocap, Jr., Kandi Kilkelly Hidde, Rocap, Witchger & Threlkeld, Indianapolis, IN, for Certain Underwriters at Lloyd's London and Certain London Market Ins Companies.

James S. Stickles, Jr., Johnson & Bell, Chicago, IL, for Ranger Ins. Co.

Mary K. Reeder, Riley Bennett & Egloff, Indianapolis, IN, Sonia S. Waisman (argued), Kathy Pisula Waring, Luce, Forward, Hamilton & Scripps, San Diego, CA, for St. Paul Fire & Marine Ins. Co.

Before POSNER, Chief Judge, and EASTERBROOK and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

Long ago, predecessors to Indiana Gas Company manufactured gas by heating coal and oil at nine sites in Indiana. The principal residual was coal tar, a sludge containing pitch plus pyridine and additional organic compounds that are raw materials for the production of paints, dyes, plastics, pharmaceuticals, and other synthetic products. Some coal tar was discarded before these beneficial uses were discovered, additional byproducts of gas...

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