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DOWN EAST ENERGY CORP. v. NIAGARA FIRE INS. CO.

Nos. 98-1966, 98-1967.

176 F.3d 7 (1999)

DOWN EAST ENERGY CORP., Plaintiff, Appellee, v. NIAGARA FIRE INSURANCE CO., Defendant, Appellant. Down East Energy Corp., Plaintiff, Appellant, v. Niagara Fire Insurance Co., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 16, 1999.

Attorney(s) appearing for the Case

Robert M. Kaplan, with whom Miller Christerson McNaboe & Cortner, was on brief, for appellant Niagara Fire Insurance Co.

John M.R. Paterson, with whom James A. Clifford and Bernstein, Shur, Sawyer & Nelson, were on brief, for appellee Down East Energy Corp.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

TORRUELLA, Chief Judge.

The underlying dispute in this case arises out of a series of pollution liability insurance policies issued to plaintiff-appellee Down East Energy Corporation ("Down East") by defendant-appellant Niagara Fire Insurance Company ("Niagara").

Down East and its sister company, Brunswick Coal & Lumber ("BC & L"), were in the business of selling gasoline and home heating oil. As part of this business, Down East owned the Jordan Bay...

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