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FIREMAN'S FUND INS. COMPANIES v. EX-CELL-O CORP.

No. 85-CV-71371.

790 F.Supp. 1339 (1992)

FIREMAN'S FUND INSURANCE COMPANIES and American Insurance Company, Plaintiffs, v. EX-CELL-O CORPORATION, et al., Defendants. EX-CELL-O CORPORATION, et al., Third-Party Plaintiffs, v. AIU INSURANCE COMPANY (Successor to American International Insurance Company), et al., Third-Party Defendants.

United States District Court, E.D. Michigan, S.D.

March 25, 1992.

Attorney(s) appearing for the Case

Peter B. Kupelian, Tucker & Rolf, Southfield, Mich., for Zurich American Ins. Co.

Paul L. Gingras, and Patricia St. Peter, Zelle & Larson, Minneapolis, Minn. John W. Henke III, Stark, Reagan & Finnerty, Troy, Mich., for Wausau Ins. Co.

Herbert G. Sparrow III, Dickinson, Wright, Moon, Van Dusen & Freeman, Detroit, Mich. Barry M. Kelman, Gofrank & Kelman, Southfield, Mich., for Travelers Ins.

Peter A. Metters, Richard C. Sanders, Detroit, Mich. Robert B. Webster, Hill Lewis, Birmingham, Mich. Nicholas J. Zoogman, Eugene R. Anderson, Anderson, Russell, Kill & Olick, New York City, for ExCell-O, McCord and Davidson.

Michael G. Costello, Plunkett & Cooney, Detroit, Mich. Jeffrey Silberfeld, Rivkin, Leff, Sherman & Radler, Uniondale, N.Y., for American Intern. Ins. Co.

Philip Barber, Anderson, Russell, Kill & Olick, New York City.

ORDER ACCEPTING SPECIAL MASTER'S REPORT AND RECOMMENDATION WITH MODIFICATIONS

FEIKENS, District Judge.

This case has been on this court's docket since 1985. It is an action for declaratory judgment. What has been troublesome throughout is the fact that the regulatory agencies which issued the PRP letters to the alleged contaminating companies (among which are these policyholders) have not brought this action, evidenced by the PRP letters, to final resolution...

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