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BOSTON GAS CO. v. CENTURY INDEM. CO.

No. 11-1931.

708 F.3d 254 (2013)

BOSTON GAS COMPANY, d/b/a National Grid, Plaintiff, Appellant, v. CENTURY INDEMNITY COMPANY, Defendant/Third-Party Plaintiff, Appellee. Certain Underwriters at Lloyd's London; Certain London Market Insurance Companies; Travelers Casualty and Surety Company, f/k/a Aetna Casualty & Surety Company; Associated Electric & Gas Insurance Services Limited; the Hartford Insurance Company, Third-Party Defendants.

United States Court of Appeals, First Circuit.

January 18, 2013.

Attorney(s) appearing for the Case

David L. Elkind , with whom John A. Gibbons and Dickstein Shapiro LLP were on brief, for appellant.

Guy A. Cellucci , with whom Shane R. Heskin , David B. Chaffin and White and Williams LLP were on brief, for appellees.

Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

This appeal is the latest chapter in a long-running dispute between Boston Gas Company ("Boston Gas") and one of its insurers, Century Indemnity Company ("Century"). What's more, the insured's activities giving rise to the dispute stretch back more than a century. During the latter part of the 19th and well into the 20th century, Boston Gas produced gas fuel at facilities known as manufactured gas plants ("MGPs"). Faced with liability under...

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