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SKANDIA AMERICA REINSURANCE CORP. v. BARNES

Civ. A. No. 76 M 981.

458 F.Supp. 13 (1978)

SKANDIA AMERICA REINSURANCE CORPORATION, Plaintiff, v. J. Richard BARNES, Commissioner of Insurance of the State of Colorado, as Receiver for Manufacturers and Wholesalers Indemnity Exchange and California Insurance Guarantee Association, Defendants.

United States District Court, D. Colorado.

May 2, 1978.

Attorney(s) appearing for the Case

Donald K. Bain and Stuart N. Bennett, Holme Roberts & Owen, Denver, Colo., for plaintiff.

Sidney W. DeLong, Ireland, Stapleton, Pryor & Holmes, P. C., Denver, Colo., for defendant J. Richard Barnes, Commissioner of Insurance of the State of Colorado, as receiver for Manufactures and Wholesalers Indemnity Exchange.

David A. Bottger, Grant, McHendrie, Haines & Crouse, P. C., Denver, Colo., for defendant California Ins. Guarantee Ass'n.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

Skandia America Reinsurance Corporation ("Skandia") brought this action for interpleader and for declaratory relief under 28 U.S.C. §§ 1332, 1335, 2201 and 2361 because of conflicting claims for payment of Skandia's obligation to Manufacturers and Wholesalers Indemnity Exchange ("M & W"), under an Excess of Loss Reinsurance Agreement, effective December 31, 1973. When this case began, Skandia...

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