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UNION PAC. R. CO. v. CERTAIN UNDERWRITERS

No. 00CA0965.

37 P.3d 524 (2001)

UNION PACIFIC RAILROAD COMPANY, as successor in interest to the Denver and Rio Grande Western Railroad Company, Plaintiff-Appellant, v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON; Certain London Market Insurance Companies; and Michigan Mutual Insurance Company, Defendants-Appellees.

Colorado Court of Appeals, Division A.

November 8, 2001.

Attorney(s) appearing for the Case

Union Pacific Railroad Company, Steven E. Napper, Denver, CO; James P. Gatlin, Omaha, Nebraska; Jenner & Block, LLC, Richard J. Gray, Brent D. Stratton, Margot Kelin, Chicago, IL, for Plaintiff-Appellant.

Long & Jaudon, P.C., Stephen Hopkins, Walter N. Houghtaling, Denver, CO; Lord, Bissell & Brook, Terry R. Howell, Hugh C. Griffin, Steven D. Moore, Atlanta, GA, for Defendants-Appellees Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies.

Markusson, Green & Jarvis, P.C., James K. Green, Henry A. Sand, Denver, CO; Kelley, Casey & Clarke, P.C., Timothy Casey, Timothy J. Clarke, Detroit, MI, for Defendant Appellee Michigan Mutual Insurance Company.

Montgomery, Kolodny, Amatuzio, Dusbabek & Parker, LLP, David C. Fawley, Denver, CO, for Amicus Curiae Insurance Environmental Litigation Association.

Opinion by Chief Judge HUME.

In this insurance coverage dispute, plaintiff, Union Pacific Railroad Company, as successor in interest to the Denver and Rio Grande Western Railroad Company (Rio Grande), appeals the district court's summary judgment entered in favor of defendants, Michigan Mutual Insurance Company (Michigan Mutual) and Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies (London...

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