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NEW CASTLE COUNTY v. CONTINENTAL CAS. CO. (CNA)

Civ. A. No. 85-436-JLL.

728 F.Supp. 324 (1989)

NEW CASTLE COUNTY, Plaintiff, v. CONTINENTAL CASUALTY COMPANY (CNA), Defendant.

United States District Court, D. Delaware.

December 29, 1989.

Attorney(s) appearing for the Case

George H. Seitz III of Prickett, Jones, Elliott, Kristol and Schnee, Wilmington, Del. (Joseph A. Tydings and Catherine Serafin Sponseller of Anderson, Kill, Olick & Oshinsky, Washington, D.C., of counsel), for plaintiff.

John G. Mulford and Michael J. Goodrick of Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, Del., Arthur Makadon, Geoffrey A. Kahn and Walter M. Einhorn, Jr., of Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for defendant.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

The Continental Casualty Company ("CNA") and New Castle County ("NCC") tried, without a jury, a dispute concerning insurance coverage for claims arising out of pollution caused by the Tybouts Corner Landfill (the claims giving rise to this coverage action will be referred to as "the underlying lawsuits"). This Court issued Findings of Fact and Conclusions of Law, and a Final Judgment...

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