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DOE RUN RESOURCES CORP. v. LEXINGTON INS. CO.

No. 12-3498.

719 F.3d 876 (2013)

The DOE RUN RESOURCES CORPORATION, Plaintiff-Appellant v. LEXINGTON INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 13, 2013.

Attorney(s) appearing for the Case

Marc D. Halpern , argued, San Diego, CA, Heather L. Mayer , on the brief, Los Angeles, CA, for appellant.

Joseph Hinkhouse , argued, Chicago, IL, Seth M. Jaffe , Sara H. Dearing , Robyn Fox , on the brief, Saint Louis, MO, for appellee.

Before LOKEN and GRUENDER, Circuit Judges, and WIMES, District Judge.

LOKEN, Circuit Judge.

Doe Run Resources Corporation ("Doe Run"), the largest integrated lead producer in the Western Hemisphere, operates facilities near Leadwood, Missouri, that extract and crush ore containing lead and other metals and process the crushed ore to separate out lead concentrate that Doe Run sells on the world market or transports to its smelters for further processing. Doe Run initially deposits the remaining material — chat, which has the consistency...

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