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PA. NAT. MUT. CAS. INS. CO. v. TRIANGLE PAVING, INC.

No. 5:95-CV-892-BR(3).

973 F.Supp. 560 (1996)

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. TRIANGLE PAVING, INC., Defendant.

United States District Court, E.D. North Carolina, Western Division.

December 30, 1996.

Attorney(s) appearing for the Case

Walter Brock, Jr., Young, Moore, Henderson & Alvis, Raleigh, NC, for plaintiff.

Jay M. Wilkerson, Bugg & Wolf, Durham, NC, for defendant.

ORDER

BRITT, District Judge.

This matter is before the court on cross-motions for summary judgment.

I. Background

Plaintiff seeks a declaratory judgment that it is not obligated to defend or indemnify defendant for claims arising out of defendant's alleged involvement in off-site sediment contamination.

Beginning in 1994, defendant, a construction company providing site preparation and grading services, purchased commercial...

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