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NAT. UNION FIRE INS. v. EMHART CORP.

No. 92-1109.

11 F.3d 1524 (1993)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation, Plaintiff—Counter-Defendant—Appellee, v. EMHART CORPORATION, a Virginia Corporation, Defendant Counterclaimant, Third Party Plaintiff—Appellant, v. Richard F. VITKUS, Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

December 13, 1993.

Attorney(s) appearing for the Case

Peter L. Edwards of Rothgerber, Appel, Powers & Johnson, Denver, CO (Kenneth A. Sagat and Howard Wildman of D'Amato & Lynch, New York City and James M. Lyons and Patrick M. Flaherty of Rothgerber, Appel, Powers & Johnson, Denver, CO with him on the brief) for plaintiff/counter-defendant/appellee.

Brent N. Rushforth of Jenner & Block, Washington, DC (Michael T. McConnell and Robert M. Baldwin of Long & Jaudon, Denver, CO and Ann M. Kappler and David W. DeBruin of Jenner & Block, Washington, DC, with him on the brief) for defendant counterclaimant/third party plaintiff/appellant.

Before BALDOCK, Circuit Judge, WOOD, Senior Circuit Judge, and EBEL, Circuit Judge.

EBEL, Circuit Judge.

This case is before us on appeal of the district court's grant of summary judgment to the plaintiff-appellee, National Union Fire Insurance Company of Pittsburgh, PA ("National Union"). The district court found that the defendant-appellant, Emhart Corporation ("Emhart"), had made material misrepresentations to National Union when applying for liability insurance for one of its officers, Richard F. Vitkus ("Vitkus"). The court concluded that, based...

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