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NATIONAL UNION FIRE INS. CO. v. LSB INDUSTRIES

No. 01-6249.

296 F.3d 940 (2002)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellee, v. LSB INDUSTRIES, INC. and El Dorado Chemical Co., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 10, 2002.

Attorney(s) appearing for the Case

Patrick M. Ryan (Phillip G. Whaley with him on the briefs) of Ryan & Whaley, P.C., Oklahoma City, Oklahoma, for Defendants-Appellants.

Michael S. Davis of Zeichner Ellman & Krause LLP, New York, New York, (Kenneth C. Rudd of Zeichner Ellman & Krause LLP, New York, New York; Daniel S. Sullivan and Matthew B. Free of Best & Sharp, Tulsa, Oklahoma, with him on the brief) for Plaintiff-Appellee.

Before SEYMOUR, ALDISERT and EBEL, Circuit Judges.

ALDISERT, Circuit Judge.

This appeal by LSB Industries, Inc. and El Dorado Chemical Co. from summary judgment in favor of its insurer, National Union Fire Insurance Co. of Pittsburgh, Pennsylvania ("National Union"), requires us to decide whether the district court erred in determining that the insurance company's demands for unpaid insurance premiums were not barred by the Oklahoma Statute of Limitations. Specifically, we must decide whether the express terms of...

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