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NATIONAL UNION FIRE INS. CO. OF PITTS., PA. v. STROH

No. 00-7345.

265 F.3d 97 (2001)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff-Appellant, v. THE STROH COMPANIES, INC. and The Stroh Brewery Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 6, 2001.

Attorney(s) appearing for the Case

Eugene Wollan, Mound, Cotton & Wollan (Jeffrey S. Weinstein and Alyssa DeSimone, of counsel), New York, NY, for Plaintiff-Appellant.

Dwight B. Palmer, Palmer and Associates (Stanley Nardoni, of counsel), Chicago, Illinois; James J. Maloney, Kavanagh Maloney & Osnato, LLP, New York, NY, for Defendants-Appellees.

Before POOLER and SACK, Circuit Judges, and MARTIN, District Judge.

SACK, Circuit Judge:

On November 30, 1998, plaintiff National Union Fire Insurance Company of Pittsburgh, Pennsylvania ("National Union") brought this declaratory judgment action against The Stroh Companies, Inc. and its wholly owned subsidiary, The Stroh Brewery Company (collectively, "Stroh"), in the United States District Court for the Southern District of New York. National Union seeks to avoid liability under a "Contaminated...

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