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WESTCHESTER FIRE INS. CO. v. CITY OF PITTSBURG, KANSAS

Civ. A. Nos. 90-2305, 90-2414-O.

791 F.Supp. 836 (1992)

WESTCHESTER FIRE INSURANCE COMPANY, Plaintiff, v. CITY OF PITTSBURG, KANSAS, et al., Defendants. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. CITY OF PITTSBURG, KANSAS, et al., Defendants.

United States District Court, D. Kansas.

May 12, 1992.

Attorney(s) appearing for the Case

Jerome V. Bales, D'Ambra M. Howard, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, Kan., for Westchester Fire Ins. Co.

Frank D. Menghini, Douglas M. Greenwald, McAnany, Van Cleave Phillips, P.A., Kansas City, Kan., for City of Pittsburg, Kansas.

Robert S. Tomassi, Loy & Loy, Pittsburg, Kan., for Ernest Radell, Carol Radell and Brandon Radell.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, District Judge.

On April 7, 1992, this matter came before the court for trial of Westchester Fire Insurance Company's declaratory judgment action. The issue presented is whether a mixture of malathion and diesel fuel used by the defendant City of Pittsburg as a pesticide is a "pollutant" under the terms of a commercial general liability insurance policy issued by the plaintiff to the City.

The malathion and...

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