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BLACKHAWK-CENTRAL CITY v. AMERICAN GUARANTEE

Nos. 93-B-1252, 93-B-1282.

856 F.Supp. 584 (1994)

BLACKHAWK-CENTRAL CITY SANITATION DISTRICT, Plaintiff, v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, a New York corporation, and St. Paul Fire and Marine Insurance Company, a Minnesota corporation, Defendants.

United States District Court, D. Colorado.

June 24, 1994.

Attorney(s) appearing for the Case

Timothy J. Flanagan, Kutak Rock, Jon T. Bradley, Jerald J. Devitt, Myers Hoppin Bradley & Devitt, P.C., Denver, CO, for plaintiff.

Arthur R. Karstaedt, Hall & Evans, L.L.C., Denver, CO, Robert J. Bates, Jr., Pope & John, Ltd., Chicago, IL, for American Guarantee.

Douglas J. Cox, Cooper & Kelley, P.C., Denver, CO, for St. Paul Fire.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Plaintiff Blackhawk-Central City Sanitation District (the District) moves pursuant to Federal Rule of Civil Procedure 56 for partial summary judgment on the issue of defendants' duty to defend the District in underlying federal litigation. I hold that the pollution exclusion clauses in both defendants' insurance policies are fully enforceable in this action. American Guarantee and Liability Insurance...

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