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AMERICAN INS. CO. v. FAIRCHILD INDUSTRIES, INC.

No. CV 91-2934.

852 F.Supp. 1173 (1994)

The AMERICAN INSURANCE COMPANY, a Nebraska Corporation, and Associated Indemnity Corporation, a California Corporation, Plaintiffs, v. FAIRCHILD INDUSTRIES, INC., Defendant.

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

May 18, 1994.

Attorney(s) appearing for the Case

Gilberg & Kurent by K. Thomas Shahriari, Washington, DC, for plaintiffs.

Foley, Hoag & Eliot by Steven W. Phillips, Washington, DC, for defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

The American Insurance Company ("Fireman's Fund") brought this action seeking a declaration that it has no duty to defend or indemnify Fairchild Industries, Inc. ("Fairchild") for the investigation and potential remediation costs associated with the cleanup of a site in Farmingdale, Long Island. Fairchild, in turn, counterclaimed for a declaration that Fireman's Fund has both the duty to defend and the...

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