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LIBERTY MUT. INS. CO. v. NIPPON SANSO K.K.

No. 02-2338.

331 F.3d 153 (2003)

LIBERTY MUTUAL INSURANCE COMPANY and Liberty Mutual Fire Insurance Company, Plaintiffs, v. NIPPON SANSO K.K. and The Thermos Company, Defendants, Appellants/Cross-Claimants, v. Household International, Inc., Defendant, Appellee/Cross-Claimant.

United States Court of Appeals, First Circuit.

Decided June 9, 2003.

Attorney(s) appearing for the Case

David E. Springer with whom Dhananjai Shivakumar, Dennis M. Kelleher, and Skadden, Arps, Slate, Meagher & Flom LLP were on brief for appellants.

David M. Schiffman with whom Sidley Austin Brown & Wood, Joseph L. Kociubes and Bingham & McCutchen LLP were on brief for appellee.

Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOUDIN, Chief Judge.

This appeal is one phase of commercial litigation that has lasted over a decade. It involves liabilities pertaining to insurance coverage provided by Liberty Mutual Insurance Company and an affiliate (jointly "Liberty"). There is now little factual dispute but the contractual provisions (reprinted, in pertinent part, in an appendix to this opinion) are complex. We begin with a summary description of the background and procedural progress of the...

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