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EMHART INDUSTRIES, INC. v. CENTURY INDEM. CO.

Nos. 07-2806, 07-2821.

559 F.3d 57 (2009)

EMHART INDUSTRIES, INC., Plaintiff-Appellee, Cross-Appellant, v. CENTURY INDEMNITY COMPANY, as an indirect successor to Insurance Company of North America, Defendant-Appellant, Cross-Appellee, Home Insurance Company; North River Insurance Co.; OneBeacon America Insurance Company; US Fire Insurance Co., Defendants, Cross-Appellees, Liberty Mutual Insurance Company, Defendant.

United States Court of Appeals, First Circuit.

Decided March 13, 2009.

Attorney(s) appearing for the Case

John L. Altieri, Jr., with whom Boutin & Altieri, P.L.L.C., Lawrence A. Nathanson, and Siegal & Park, was on brief for Century Indemnity.

Jack R. Pirozzolo, with whom John A. Shope, Sarah Cooleybeck, Kirk G. Hanson, David E. Cole, Jeremy A.M. Evans, and Foley Hoag LLP, was on brief for Emhart Industries.

Kevin J. O'Connor, with whom Peter C. Netburn, and Hermes, Netburn, O'Connor & Spearing, P.C., was on brief for OneBeacon America.

Mark T. Nugent, with whom John T. Harding and Morrison Mahoney LLP, was on brief for North River.

Before TORRUELLA, BOUDIN, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

This insurance coverage dispute arises from efforts by the Environmental Protection Agency ("EPA") to remediate contamination at the Centredale Manor Superfund site (the "Site") in North Providence, Rhode Island.

In 2000, the EPA designated Plaintiff-Appellee/Cross Appellant Emhart Industries, Inc. ("Emhart") a Potentially Responsible Party ("PRP") for the cleanup costs of the Site under the Comprehensive Environmental Response, Compensation...

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