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ELLETT BROS., INC. v. U.S. FIDELITY & GUAR. CO.

Nos. 01-1130, 00-2533.

275 F.3d 384 (2001)

ELLETT BROTHERS, INCORPORATED, Plaintiff-Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY; Fidelity and Guaranty Insurance Underwriters, Incorporated; St. Paul Mercury Insurance Company, Defendants-Appellees, and International Insurance Company; RLI Insurance Company; Mount Hawley Insurance Company; United National Insurance Company, Defendants. American Insurance Association; National Shooting Sports Foundation; National Association of Independent Insurers, Amici Curiae. Ellett Brothers, Incorporated, Plaintiff-Appellee, v. United States Fidelity & Guaranty Company; Fidelity and Guaranty Insurance Underwriters, Incorporated; St. Paul Mercury Insurance Company, Defendants-Appellants, and International Insurance Company; RLI Insurance Company; Mount Hawley Insurance Company; United National Insurance Company, Defendants. American Insurance Association; National Shooting Sports Foundation; National Association Of Independent Insurers, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 2001.

Attorney(s) appearing for the Case

ARGUED: Thornwell Forrest Sowell, III, Sowell, Gray, Stepp & Laffitte, L.L.C., Columbia, South Carolina, for Appellant. Walter J. Andrews, Shaw Pittman, McLean, Virginia, for Appellees. ON BRIEF: Robert H. Jordan, A. Burns Jones, Sowell, Gray, Stepp & Laffitte, L.L.C., Columbia, South Carolina, for Appellant. Lon A. Berk, Michael S. Levine, Shaw Pittman, McLean, Virginia; John E. Johnston, Jr., Laurel R.S. Blair, Leather-wood, Walker, Todd & Mann, P.C., Greenville, South Carolina, for Appellees. James C. Gray, Susan M. Glenn, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina; Mark R. Misiorowski, Richard Hodyl, Jr., Williams & Montgomery & John, Ltd., Chicago, Illinois, for Amicus Curiae NAII.

Before WILKINSON, Chief Judge, and LUTTIG and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON joined. Judge MICHAEL wrote an opinion concurring in part and concurring in the judgment.

OPINION

LUTTIG, Circuit Judge.

Ellett Brothers, a handgun manufacturer, is a named defendant in four lawsuits. In three of these lawsuits, the plaintiffs are California municipalities who allege that Ellett's marketing of handguns creates public and private nuisances and...

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