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MATHIAS v. LENNON

No. 77 Civ. 4763.

474 F.Supp. 949 (1979)

Richard L. MATHIAS, as Director of Insurance of the State of Illinois, Plaintiff, v. John F. LENNON, as Rehabilitator of Empire Mutual Insurance Company, James W. Dowling, as Agent of the Rehabilitator of Empire Mutual Insurance Company, and Empire Mutual Insurance Company, a New York corporation, Defendants.

United States District Court, S. D. New York.

August 15, 1979.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen. of the State of Illinois, Gerald D. Mindell, Sp. Asst. Atty. Gen., for the State of Illinois, Chicago, Ill., for plaintiff; Isham, Lincoln & Beale, Chicago, Ill., Layton & Sherman, New York City, of counsel.

Shea, Gould, Climenko & Casey, New York City for defendants; Michael Lesch, John B. Grant, Jr., New York City, of counsel.

LASKER, District Judge.

This action arises out of the insolvency of Empire Mutual Insurance Company, a company incorporated and having its principal place of business in New York State. Richard L. Mathias, the Director of Insurance of the State of Illinois, sues on behalf of all Illinois policyholders of Empire, asserting that actions taken by the Rehabilitator of Empire have discriminated in favor of New York policyholders...

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