SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; Ameristeel; Roanoke Electric Steel Corporation; Owens Electric Steel; Nucor Steel; Nucor Yamato; The Federal Metal Company; I. Schumann & Company; Cp Chemicals, Incorporated; Kerr-Mcgee Chemical Llc; Lucent Technologies, Incorporated; Mueller Brass Company, Plaintiffs-Appellants, and
Gaston Copper Recycling Corporation, Plaintiff,
v.
COMMERCE AND INDUSTRY INSURANCE COMPANY; United States Fire Insurance Company; Jefferson Insurance Company; The South Carolina Property And Casualty Insurance Guaranty Association, a/k/a Mutual Fire Marine and Inland Insurance Company, Defendants-Appellees.
Complex Insurance Claims Litigation Association, Amicus Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 3, 2003.
Decided: June 8, 2004.
Attorney(s) appearing for the Case
ARGUED: David Oscar Ledbetter, Hunton & Williams, Richmond, Virginia, for Appellants. Brian Christopher Coffey, Cohn & Baughman, Chicago, Illinois, for Appellees. ON BRIEF: Andrea W. Wortzel, Hunton & Williams, Richmond, Virginia; Lawrence J. Bracken, II, Hunton & Williams, Atlanta, Georgia; James L. Werner, Ellzey & Brooks, L.L.C., Columbia, South Carolina; Claron A. Robertson, III, Robertson & Hollingsworth, Charleston, South Carolina; Jacquelyn S. Dickman, Office of General, Department of Health & Environmental Control, Columbia, South Carolina, for Appellants. Michael J. Baughman, Cohn & Baughman, Chicago, Illinois; R. David Howser, Andrew E. Haselden, Howser, Newman & Besley, L.L.C., Columbia, South Carolina; Timothy A. Domin, Clawson & Staubes, L.L.C., Charleston, South Carolina; Richard S. Kuhl, Ngoc H. Lam, Jackson & Campbell, P.C., Washington, D.C.; Charles J. Baker, Davis S. Yandle, Buist, Moore, Smythe & McGee, Charleston, South Carolina, for Appellees. Laura A. Foggan, Gary P. Seligman, Wiley, Rein & Fielding, L.L.P., Washington, D.C., for Amicus Curiae.
Before WIDENER and KING, Circuit Judges, and RICHARD D. BENNETT, United States District Judge for the District of Maryland, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Judge BENNETT joined.
OPINION
KING, Circuit Judge:
The appellants, consisting of South Carolina's Department of Health and Environmental Control, Kerr-McGee Chemical LLC, and certain businesses involved in the manufacture and transportation of fertilizer production materials, seek reinstatement of their civil action against four liability insurers for cost recovery...
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