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YELLOW PINE LUMBER CO., INC. v. INSURANCE COMPANY OF NORTH AMERICA

No. 88-2702.

882 F.2d 470 (1989)

YELLOW PINE LUMBER CO., INC., Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant, Preload Technology, Inc., Defendant-Intervenor-Appellant, and A & W Lumber Co., Defendant.

United States Court of Appeals, Tenth Circuit.

August 14, 1989.

Attorney(s) appearing for the Case

Clyde A. Muchmore and Karen Eby of Crowe & Dunlevy, Oklahoma City, Okl., for Insurance Co. of North America and Preload Technology, Inc.

Richard L. Farris of Frates & Farris, Oklahoma City, Okl., for Yellow Pine Lumber Co., Inc.

Before McKAY, TACHA, and EBEL, Circuit Judges.

McKAY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

In this diversity contract action, the defendant, Insurance Company of North America (ICNA), and intervenor/cross-claimant Preload Technology, Inc. (Preload...

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