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LAKESIDE NON-FERROUS METALS v. HANOVER INS. CO.

No. 97-17034.

172 F.3d 702 (1999)

LAKESIDE NON-FERROUS METALS, INC., Plaintiff-Appellant, v. HANOVER INSURANCE COMPANY; New Hampshire Insurance Company; Scottsdale Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1999.

Attorney(s) appearing for the Case

Andrew Cohn, Berkeley, California, for the plaintiff-appellant.

Ashley M. Bale, Larson King LLP, San Francisco, California, for the defendants-appellees.

Before: FLETCHER and TASHIMA, Circuit Judges; FITZGERALD, District Judge.

FLETCHER, Circuit Judge:

Plaintiff-appellant Lakeside Non-Ferrous Metals, Inc. ("Lakeside") appeals the district court's order dismissing its claim seeking insurance coverage for its pollution of the Port of Oakland's land along the Oakland estuary. Lakeside leases the land from the Port for metal recycling, battery salvage, and chemical storage. After the Port of Oakland sued Lakeside and other tenants for contaminating the Port's land and surrounding waters, Lakeside...

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