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BARRETT PAVING MATERIALS v. CONTINENTAL INS. CO.

Nos. 06-1951, 06-2017.

488 F.3d 59 (2007)

BARRETT PAVING MATERIALS, INC., Plaintiff-Appellee, Cross-Appellant, v. CONTINENTAL INSURANCE COMPANY, Defendant, Appellant, First State Insurance Company, Defendant, Cross-Appellee, Michigan Mutual Insurance Company, Defendant.

United States Court of Appeals, First Circuit.

Decided May 30, 2007.

Attorney(s) appearing for the Case

John T. Harding, Jr., with whom Michael F. Aylward and Morrison Mahoney LLP, were on brief, for appellant.

Jeffrey T. Edwards, with whom Preti, Flaherty, Beliveau & Pachios, LLP, was on brief, for appellee.

Mark D. Cahill, with whom Terrence M. Schwab and Choate, Hall & Stewart LLP, were on brief, for cross-appellee.

Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and TASHIMA, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

This case arises out of a dispute between Barrett Paving Materials, Inc. ("Barrett") and three of its insurers concerning the insurers' respective duties to defend Barrett against a third party complaint for contribution on a claim for environmental clean-up costs. The district court ordered two of the insurers, Continental Insurance Company ("Continental") and Michigan Mutual Insurance Company ("Michigan Mutual"), to share the costs of Barrett...

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