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RIVERWOOD INTERN. v. EMPLOYERS INS. OF WAUSAU

No. 04-30608.

420 F.3d 378 (2005)

RIVERWOOD INTERNATIONAL CORP.; et al., Plaintiffs, Graphic Packaging International Inc., formerly known as Riverwood International Corp., Plaintiff-Appellant, v. EMPLOYERS INSURANCE OF WAUSAU; et al., Defendants, Employers Insurance of Wausau, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 2005.

Attorney(s) appearing for the Case

Gerald Lamar Mize (argued), Tiffany L. Powers, Alston & Bird, Atlanta, GA, C.A. Martin, III, Shotwell, Brown & Sperry, Monroe, LA, for Plaintiff-Appellant.

Judy Y. Barrasso (argued), H. Minor Pipes, III, Barrasso, Usdin, Kupperman, Freeman & Sarver, New Orleans, LA, for Defendant-Appellee.

Before KING, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

KING, Chief Judge:

This appeal concerns whether an asbestos-related disease is a "bodily injury by accident" as that term is interpreted under several workers' compensation and employers' liability insurance policies. Because we agree that the policies are subject to only one reasonable interpretation—that an asbestos-related injury is not a "bodily injury by accident" under the policies in question—we AFFIRM...

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