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EASTERN CONCRETE MATERIALS v. ACE AMERICAN INS.

No. 18-11043.

948 F.3d 289 (2020)

EASTERN CONCRETE MATERIALS, INC., Plaintiff-Counter Claimant-Appellant, v. ACE AMERICAN INSURANCE COMPANY, Defendant. v. Great American Insurance Company, Counter Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED January 17, 2020.

Attorney(s) appearing for the Case

Nina Cortell , Christopher Knight , Dallas, TX, Leslie Conant Thorne , Attorney, Austin, TX, Mark R. Trachtenberg , Houston, TX, Haynes & Boone, L.L.P., John Russell Hardin, Esq. , Perkins Coie, L.L.P., Dallas, TX, for Plaintiff-Counter Claimant-Appellant.

James Pio Ruggeri , Myles D. Morrison , Edward Parks, II , Shipman & Goodwin, L.L.P., Washington, DC, Robert G. Dees, Esq. , Levon G. Hovnatanian , Martin, Disiere, Jefferson & Wisdom, L.L.P., Houston, TX, for Counter Defendant-Appellee Great American Insurance Company.

Before OWEN, Chief Judge, and JONES and STEWART, Circuit Judges.

The issue raised here is whether an unplanned discharge of "rock fines," pellets produced during the course of quarry operations, is covered by a company's umbrella insurance policy or excluded by a pollution exclusion. Great American Insurance Company ("GAIC") sought a declaratory...

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