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INTERNATIONAL INS. CO. v. NEWMONT MIN. CORP.

No. 88 Civ. 7500 (RO).

800 F.Supp. 1195 (1992)

INTERNATIONAL INSURANCE COMPANY, an Illinois Corporation, Plaintiff, v. NEWMONT MINING CORPORATION, et al., a Delaware Corporation, et al., Defendants.

United States District Court, S.D. New York.

September 17, 1992.

Attorney(s) appearing for the Case

Mound, Cotton & Wollan, New York City (John Mezzacappa, of counsel), Orrick, Herrington & Sutcliffe, New York City (Nancy I. Ruskin, of counsel), for plaintiff.

Tofel Berelson & Saxl, P.C., New York City (Mark A. Lopeman, of counsel), for defendant.

MEMORANDUM

OWEN, District Judge

In this action for a declaratory judgment brought by International Insurance Company against its insured, Newmont Mining Corporation to declare certain environmental-impairment liability policies void or not affording coverage, the carrier seeks certain discovery from the company which opposes it on the ground of attorney-client privilege.

It appears that the company itself defended two separate environmental actions...

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