Gould Electronics Inc. v. United States

OPINION OF THE COURT

SCHWARTZ, Senior District Judge

I. INTRODUCTION

Plaintiffs/appellants Gould Electronics, Inc. (“Gould”) and American Premier Underwriters, Inc. (“APU”) were co-defendants in a toxic tort case captioned Cheryl Allen, et al. v. Marathon Battery Co., et al., No. 1074/90 (N.Y.Sup.Ct.) (the “Allen case”). The Allen case arose out of personal injuries and property damage allegedly caused by air and water pollution from a battery manufacturing plant in Cold Spring, New York. The plant was designed, constructed, owned, and operated by the United States Army, via its office in…