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HARROW PRODUCTS, INC. v. LIBERTY MUT. INS. CO.

Nos. 1:89-CV-967, 1:90-CV-811.

833 F.Supp. 1239 (1993)

HARROW PRODUCTS, INC., a Delaware corporation; Leigh Products, Inc., a former Delaware corporation; and Universal Gerwin, a division of Harrow Products, Inc., Plaintiffs, v. LIBERTY MUTUAL INSURANCE COMPANY, Insurance Company of North America, Continental Insurance Company, American Insurance Company, and New England Insurance Company, Defendants.

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

August 30, 1993.

Attorney(s) appearing for the Case

Ignatius J. Melito, Siff Rosen, PC, New York City, J. Richardson Johnson, Early, Lennon, Fox, Thompson, Peters & Crocker, Kalamazoo, MI, for New England Ins. Co.

Thomas D. Allen, Kohl, Secrest, Wardle, Lynch, Clark & Hampton, Farmington Hills, MI, for American Ins. Co.

Robert E. Graziani, Timmis & Inman, Detroit, MI, Mark W. Peyser, Marco, Timmis & Inman, Grosse Pointe, MI, for Continental Ins. Co.

Paul R. Koepff, Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, Gary L. Stec, Harvey, Kruse, Westen & Milan, PC, Grand Rapids, MI, for Ins. Co. of North America.

Walter A. Stewart, Manta & Welge, Philadelphia, PA, Reynolds A. Brander, Jr., Cholette, Perkins & Buchanan, Grand Rapids, MI, for Liberty Mut. Ins. Co.

OPINION OF THE COURT

McKEAGUE, District Judge.

The plaintiffs, Harrow Products, Inc., Leigh Products, Inc., and Universal Gerwin, are three related corporate entities whose interests are, for present purposes, essentially identical. They seek a declaratory judgment to the effect that defendant insurance companies are obliged to defend and/or indemnify them in connection with claims that plaintiffs are responsible for certain ground-water contamination. All...

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