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NAT. UNION FIRE INS., PITTSBURGH v. TERRA INDUS.

No. 02-3280.

346 F.3d 1160 (2003)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, Plaintiff-Appellant, v. TERRA INDUSTRIES, INC.; Terra Nitrogen, (UK) Limited, Defendants-Appellees. Terra Industries, Inc.; Terra Nitrogen, (UK) Limited, Counter Claimants-Appellees, v. National Union Fire Insurance Company of Pittsburgh, Counter Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 17, 2003.

Rehearing and Rehearing Denied November 30, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was John F. Lorentzen of Des Moines, IA. Eric A. Portuguese of New York, N.Y. appeared on the brief.

Counsel who presented argument on behalf of the appellee was Andrew R. Running of Chicago, IL. Thomas L. Campbell of Chicago appeared on the brief. Gregg E. Williams and Jeff W. Wright of Sioux City, IA appeared on the brief.

Before RILEY and HEANEY, Circuit Judges, and ERICKSEN, District Judge.

Rehearing and Rehearing En Banc Denied November 30, 2003.

RILEY, Circuit Judge.

National Union Fire Insurance Company of Pittsburgh (National Union) brought an action against Terra Industries, Inc. and Terra Nitrogen, (UK) Limited (collectively Terra) in federal district court2 seeking a declaratory judgment defining National Union's obligations to defend and indemnify Terra under a commercial umbrella insurance policy (policy...

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