Philadelphia Indemnity v. Lexington Insurance

Filing

[10437440] Affirmed; Terminated on the merits after oral hearing; Written, signed, published. Judges Holmes, Matheson (author) and McHugh (concurring in part, dissenting in part). Mandate to issue. [16-5008, 16-5010]

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Appellate Case: 16-5008 Document: 01019752333 Date Filed: 01/19/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT OFFICE OF THE CLERK Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 (303) 844-3157 Elisabeth A. Shumaker Clerk of Court January 19, 2017 Chris Wolpert Chief Deputy Clerk Mr. Bradley Edward Bowlby McGivern & Gilliard 1515 South Boulder P.O. Box 2619 Tulsa, OK 74101-2619 Ms. Ann E. Buckley Mr. Martin John Buckley Buckley & Buckley, L.L.C. 1139 Olive Street Suite 800 St. Louis, MO 63101-1928 Ms. Reagan Madison Fort Mr. William David Perrine Perrine, McGivern, Redemann, Reid, Berry & Taylor P.O. Box 1710 Tulsa, OK 74119 Mr. Peter E. Kanaris Ms. Cheryl L. Mondi Fisher Kanaris 1 South Wacker Drive, 31st Floor Chicago, IL 60606 RE: 16-5008, 16-5010, Philadelphia Indemnity v. Lexington Insurance Dist/Ag docket: 4:13-CV-00165-JED-FHM Dear Counsel: Enclosed is a copy of the opinion of the court issued today in this matter. The court has entered judgment on the docket pursuant to Fed. R. App. P. Rule 36. Pursuant to Fed. R. App. P. Rule 40, any petition for rehearing must be filed within 14 days after entry of judgment. Please note, however, that if the appeal is a civil case in Appellate Case: 16-5008 Document: 01019752333 Date Filed: 01/19/2017 Page: 2 which the United States or its officer or agency is a party, any petition for rehearing must be filed within 45 days after entry of judgment. Parties should consult both the Federal Rules and local rules of this court with regard to applicable standards and requirements. In particular, petitions for rehearing may not exceed 15 pages in length, and no answer is permitted unless the court enters an order requiring a response. If requesting rehearing en banc, the requesting party must file 6 paper copies with the clerk, in addition to satisfying all Electronic Case Filing requirements. See Fed. R. App. P. Rules 35 and 40, and 10th Cir. R. 35 and 40 for further information governing petitions for rehearing. Please contact this office if you have questions. Sincerely, Elisabeth A. Shumaker Clerk of the Court EAS/mb 2

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