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FACILITY INS. CORP. v. EMPLOYERS INS. OF WAUSAU

No. 03-50335.

357 F.3d 508 (2004)

FACILITY INSURANCE CORPORATION, Plaintiff-Appellee, v. EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 14, 2004.

Attorney(s) appearing for the Case

Edward J. Tuddenham (argued), Austin, TX, for Plaintiff-Appellee.

David Paul Blanke, Spikes Kangerga, Spencer Freeman Smith, Vinson & Elkins, Austin, TX, Marie Roach Yeates (argued), Vinson & Elkins, Houston, TX, for Defendant-Appellant.

Before SMITH, BARKSDALE and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

This case is a breach of contract dispute in which Facility Insurance Company ("FIC") seeks to recover monies that it, and its predecessors, paid to Employers Insurance of Wausau ("Wausau"). Wausau argues that FIC is not suing on an open account, so the statute of limitations bars FIC's contract claim. In the alternative, Wausau argues that the disputed contract provision unambiguously establishes that Wausau complied with the contract. We...

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