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PEABODY ESSEX MUSEUM, INC. v. U.S. FIRE INS. CO.

Nos. 13-1528, 13-1602.

802 F.3d 39 (2015)

PEABODY ESSEX MUSEUM, INC., Plaintiff, Appellee/Cross-Appellant, v. UNITED STATES FIRE INSURANCE COMPANY, Defendant/Third-Party Plaintiff, Appellant/Cross-Appellee, v. Century Indemnity Company, Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

September 4, 2015.

Attorney(s) appearing for the Case

Thomas M. Elcock , with whom Mitchell S. King and Prince Lobel Tye LLP were on brief, for appellant/cross-appellee.

Martin C. Pentz , with whom Jeremy A.M. Evans and Foley Hoag LLP were on brief, for appellee/cross-appellant.

Brian G. Fox , with whom Siegal & Park was on brief, for third-party defendant, appellee.

Before Howard, Chief Judge, Selya and Stahl, Circuit Judges.

Some decades ago, a substantial oil spill occurred on the Salem, Massachusetts property of plaintiff Peabody Essex Museum ("the Museum"). That pollution eventually migrated to the land of a down gradient neighbor, Heritage Plaza, which discovered the subsurface contamination in 2003. Heritage Plaza notified the Museum in late...

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