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SNYDERGENERAL CORP. v. CENTURY INDEM. CO.

Civ. A. No. 3:93-CV-0832-D.

907 F.Supp. 991 (1995)

SNYDERGENERAL CORPORATION, Plaintiff, v. CENTURY INDEMNITY COMPANY, Defendant.

United States District Court, N.D. Texas, Dallas Division.

November 21, 1995.

Attorney(s) appearing for the Case

D. Ronald Reneker (argued), of Bush Craddock & Reneker, L.L.P., Dallas, TX, and Michael L. Jones and Frieda A. Clark of Henry, Meier & Jones, L.L.P., Dallas, TX, for plaintiff.

Ralph W. Dau (argued) and Jeffrey W. Kilduff of O'Melveny & Myers, Los Angeles, CA, and Morris Harrell and Jerry K. Warren of Locke Purnell Rain & Harrell, Dallas, TX, for defendant.

FITZWATER, District Judge:

This action to recover pursuant to a comprehensive general liability umbrella insurance policy for environmental cleanup costs, and on related theories, requires the court to interpret three separate provisions of the policy: (1) the pollution exclusion; (2) the "care, custody or control" exclusion; and (3) the term "damages" in the insuring agreement of the policy. Because the court holds that the cleanup costs are not "damages" within...

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