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AMERICAN MOTORISTS INS. CO. v. GENERAL HOST CORP.

Civil Action No. 84-1802-FGT.

919 F.Supp. 1506 (1996)

AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff, v. GENERAL HOST CORPORATION and American Salt Company, Inc., Defendants.

United States District Court, D. Kansas.

March 8, 1996.

Attorney(s) appearing for the Case

M. Kathryn Webb, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, KS, Timothy C. Russell, Thomas S. Schaufelberger, Douglas Crowne McAllister, Drinker, Biddle & Reath, Washington, DC, T. Andrew Culbert, Tracey S. Ging, Drinker, Biddle & Reath, Philadelphia, PA, for plaintiff.

Ron C. Campbell, Thomas D. Kitch, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, Rodney Zerbe, Thomas F. Munno, William F. Downey, Dechert, Price & Rhoads, New York City, for defendants.

Ron C. Campbell, Thomas D. Kitch, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, Rodney Zerbe, Dechert, Price & Rhoads, New York City, for counter-claimants.

M. Kathryn Webb, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, KS, Timothy C. Russell, Thomas S. Schaufelberger, Drinker, Biddle & Reath, Washington, DC, for counter-defendant.

MEMORANDUM AND ORDER

THEIS, District Judge.

This is a declaratory judgment action in which the plaintiff, American Motorists Insurance Company ("AMICO"), seeks a determination that it is not responsible for paying the judgment or defense costs for the defendants in Miller v. Cudahy, a case which was tried to this court some twelve years ago. Miller involved salt pollution of the Cow Creek Aquifer caused by operations of the American...

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