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NATIONAL UNION FIRE INS. CO. v. VP BLDGS., INC.

No. 08-4537.

606 F.3d 835 (2010)

NATIONAL UNION FIRE INSURANCE CO., Appellant, v. VP BUILDINGS, INC., Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2010.

Attorney(s) appearing for the Case

ARGUED: G. Eric Brunstad, Jr., Dechert, LLP, Hartford, Connecticut, for Appellant. H. Slayton Dabney, King & Spalding, New York, New York, for Appellee. ON BRIEF: G. Eric Brunstad, Jr., Matthew J. Delude, Collin O'Connor Udell, Dechert, LLP, Hartford, Connecticut, for Appellant. H. Slayton Dabney, Franklin Ciaccio, King & Spalding, New York, New York, for Appellee.

KENNEDY, J., delivered the opinion of the court, in which COOK and WHITE, JJ., joined. COOK, J. (pp. 840-42), delivered a separate concurring opinion in which WHITE, J., joined.

OPINION

CORNELIA G. KENNEDY, Circuit Judge.

National Union Fire Insurance Company ("National Union") appeals the district court's affirmance of the bankruptcy court's decision disallowing National Union's petition for administrative expenses. National Union provided the estate with workers' compensation insurance, and asks that the estate's contractual obligation to reimburse it for certain anticipated payments be granted administrative expense priority...

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