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OCCIDENTAL CHEMICAL v. AMERICAN MFRS. MUT. INS.

No. 91 Civ. 5084 (JSM).

820 F.Supp. 74 (1993)

OCCIDENTAL CHEMICAL CORPORATION, Plaintiff, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, Defendant.

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

February 10, 1993.

Attorney(s) appearing for the Case

Judith S. Roth, Phillips Nizer Benjamin Krim & Ballou, New York City, for plaintiff.

Andrea Balsamo, Alan Miller, Robins Kaplan Miller & Ciresi, Wellesley, MA, Mark Hyland, Valerie Ringle, Steward & Kisiel, New York City, for defendant.

MEMORANDUM ORDER AND OPINION

MARTIN, District Judge:

When is a trunnion not a kiln? This riddle, which has plagued not a single man or woman throughout the ages, is nonetheless the crux of these cross-motions for summary judgment.

Plaintiff Occidental Chemical Corporation ("OCC"), a division of Occidental Petroleum Corporation ("OPC"), operates a chemical plant in North Carolina. In June, 1983 defendant American Manufacturers' Mutual Insurance Company...

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