UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-1150
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSUR-
ANCE COMPANY,
Plaintiff - Appellee,
versus
TRIANGLE PAVING, INCORPORATED,
Defendant - Appellant,
and
EMJ CORPORATION; UNITED STATES FIDELITY &
GUARANTY COMPANY,
Defendants.
CAROLINAS AGC, INCORPORATED; INSURANCE
ENVIRONMENTAL LITIGATION ASSOCIATION,
Amicus Curiae.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, District
Judge. (CA-95-892-5-3-BR)
Argued: July 10, 1997 Decided: July 29, 1997
Before WILKINSON, Chief Judge, HAMILTON, Circuit Judge, and NORTON,
United States District Judge for the District of South Carolina,
sitting by designation.
Affirmed by unpublished per curiam opinion.
ARGUED: Jay McCullam Wilkerson, BUGG & WOLF, Durham, North Caro-
lina, for Appellant. Walter Edgar Brock, Jr., YOUNG, MOORE &
HENDERSON, P.A., Raleigh, North Carolina, for Appellee. ON BRIEF:
John B. Taylor, JOHNSON, TAYLOR, ALLISON & HORD, Charlotte, North
Carolina, for Amicus Curiae Carolinas AGC. Laura A. Foggan, Daniel
E. Troy, Alex M. Azar, II, WILEY, REIN & FIELDING, Washington,
D.C., for Amicus Curiae Insurance Association.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Pennsylvania National Mutual Casualty Insurance Company (Penn
National) brought this declaratory judgment action against Triangle
Paving, Inc. (Triangle), seeking a declaration that it was not ob-
ligated to provide insurance coverage under two insurance policies
it had issued to Triangle for damages associated with job-site run-
off (sedimentation) from a construction site. The district court
granted summary judgment in favor of Penn National, concluding that
the job-site runoff was a "pollutant" as that term was defined in
the policies and, therefore, fell within the policies' "total
pollution" exclusions. Triangle now appeals that decision. Our
review of the record, the district court's opinion, and the argu-
ments of counsel have revealed that this appeal is without merit.
Accordingly, we affirm the judgment of the district court for the
reasons stated by that court in its opinion. See Pennsylvania
National Mutual Casualty Insurance Company v. Triangle Paving,
Inc., No. 5:95-CV-892-5-3-BR (E.D.N.C. December 30, 1996).
AFFIRMED
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