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GOULD ELECTRONICS INC. v. U.S.

No. 99-1893.

220 F.3d 169 (2000)

GOULD ELECTRONICS INC., f/k/a Gould Inc.; American Premier Underwriters, Inc., v. UNITED STATES of America, Gould Electronics Inc., American Premier Underwriters, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Filed July 31, 2000.

Attorney(s) appearing for the Case

Joel D. Gusky, (Argued), Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., Philadelphia, PA, Attorney for Appellant Gould Electronics Inc.

Richard L. Kremnick, (Argued), Blank Rome Comisky & McCauley LLP, Philadelphia, PA, Attorney for Appellant American Premier Underwriters, Inc.

Steven M. Talson, (Argued), Senior Trial Counsel, Torts Branch, Civil Division, United States Department of Justice, Washington, DC, Attorney for Appellee.

BEFORE: GREENBERG and WEIS, Circuit Judges, and SCHWARTZ, District Judge.

OPINION OF THE COURT

SCHWARTZ, Senior District Judge

I. INTRODUCTION

Plaintiffs/appellants Gould Electronics, Inc. ("Gould") and American Premier Underwriters, Inc. ("APU") were co-defendants in a toxic tort case captioned Cheryl Allen, et al. v. Marathon Battery Co., et al., No. 1074/90 (N.Y.Sup.Ct.) (the "Allen case"). The Allen case arose out of personal injuries and property damage allegedly caused by air and water...

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