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VITKUS v. BEATRICE CO.

No. 96-1240.

127 F.3d 936 (1997)

Richard F. VITKUS, Plaintiff-Counter-Defendant-Appellee, National Union Fire Insurance Company of Pittsburgh, PA, a Pennsylvania corporation, Plaintiff-Intervenor-Counter-Defendant-Appellee, v. BEATRICE COMPANY, a Delaware corporation, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 14, 1997.

Attorney(s) appearing for the Case

Terence P. Boyle, Boyle Partnership, Denver, CO (Leo A. Knowles and Pamela K. Black, McGrath, North, Mullin & Kratz, P.C., Omaha, NE, with him on the briefs), for Appellant.

Barry D. Hovis, Hovis, Smith, Stewart, Lipscomb & Cross, LLP, San Francisco, CA (Roger P. Thomasch and Leslie A. Eaton, Ballard, Spahr, Andrews & Ingersoll, Denver, CO, with him on the brief), for Appellee Richard A. Vitkus.

James M. Lyons, Rothgerber, Appel, Powers & Johnson, LLP, Denver, CO (JoAnn L. Vogt, Rothgerber, Appel, Powers & Johnson, LLP, Denver, CO, and Kenneth A. Sagat, D'Amato & Lynch, New York City, with him on the brief), for Appellee National Union Fire Insurance Company of Pittsburgh, PA.

Before SEYMOUR, Chief Judge, and PORFILIO and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This is an action for damages resulting from defendant Beatrice Company's alleged breach of contract to provide insurance and indemnification protection to plaintiff Richard Vitkus, an outside director of the failed Silverado Banking, Savings and Loan Association. The issues raised in this appeal require us to determine whether Beatrice is obligated to pay part of a $26.5 million global settlement that resolved litigation brought by the Federal...

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