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NL INDUSTRIES v. COMMERCIAL UNION INS.

Civ. No. 90-2124 (WHW).

935 F.Supp. 513 (1996)

NL INDUSTRIES, INC., Plaintiff, v. COMMERCIAL UNION INSURANCE COMPANY, Defendants. COMMERCIAL UNION INSURANCE COMPANY, Third-Party Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, Insurance Company of North America, and Northbrook Excess and Surplus Insurance Company, Third-Party Defendants. NL INDUSTRIES, INC., Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, Insurance Company of North America, and Northbrook Excess and Surplus Insurance Company, Third-Party Defendants.

United States District Court, D. New Jersey.

July 18, 1996.

Attorney(s) appearing for the Case

Peter B. Bensinger, Jr., Bartlit Beck Herman Palenchar & Scott, Chicago, Illinois, and Kirkland & Ellis, Chicago, Illinois, and Kevin J. Connell, McCarter & English, Newark, New Jersey, for Plaintiff NL Industries.

David M. Cassidy, Howard M. Tollin, Rivkin, Radler & Kremer, Uniondale, New York, and Einhorn, Harris, Ascher & Barbarito, Denville, New Jersey, for Defendant and Third-Party Plaintiff Commercial Union.

Terry Cosgrove, Peterson & Ross, Chicago, Illinois, and William B. McGuire, Tompkin, McGuire & Wachenfeld, Newark, New Jersey, for Third-Party Defendant Certain Underwriter's at Lloyd's, London and British Companies.

Paul Koepff, Joseph Boury, O'Melveny & Myers, New York City, and Ribis, Graham & Curtin, Morristown, New Jersey, for Third-Party Defendant Insurance Company of North America.

OPINION

WALLS, District Judge.

This matter comes before the Court on the motions for reconsideration of this Court's May 6, 1996 Opinion and Order ("Opinion") brought by plaintiff NL Industries, Inc. ("NL"), defendant Commercial Union Insurance Company ("CU"), and third-party defendants Certain Underwriters at Lloyd's ("Lloyd's").

BACKGROUND

The Court will not repeat the facts and procedural history of this dispute which were...

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