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MacMILLAN-BLOEDEL v. FIRMEN'S INS. CO. OF NEWARK

Civ. No. 82-0855-C.

558 F.Supp. 596 (1983)

MacMILLAN-BLOEDEL, INC., an Alabama Corporation, Plaintiff, v. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey Corporation; Kamyr, Inc., a Delaware Corporation; and Kamyr Installations, Inc., a Delaware Corporation, Defendants.

United States District Court, S.D. Alabama, S.D.

March 3, 1983.

Attorney(s) appearing for the Case

Thomas H. Foulds, Foulds, Felker, Johnson & McHugh, Seattle, Wash., and James E. Clark, London, Yancey, Clark & Allen, Birmingham, Ala., for plaintiff, MacMillan-Bloedel, Inc.

Charles J. Fleming, Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, Ala., for defendant, Firemen's Ins. Co.

Champ Lyons, Jr., Cole, Helmsing, Lyons & Sims, Mobile, Ala., and LaPann, Reardon, Fitzgerald & Firth, Glen Falls, N.Y., for defendants Kamyr, Inc. and Kamyr Installations, Inc.

MEMORANDUM OPINION AND ORDER

EMMETT RIPLEY COX, District Judge:

In September, 1980, the top section of equipment known as a continuous digester at MacMillan-Bloedel's pulp and paper mill in Pine Hill, Alabama, blew off, allegedly causing extensive damage to MacMillan-Bloedel's property and business operations. The digester was purchased from Kamyr, Inc., and subsequently inspected and repaired by Kamyr Installations, Inc.

MacMillan-Bloedel filed...

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