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GENERAL REINSURANCE CORP. v. MO. GENERAL INS. CO.

No. 78-1269.

596 F.2d 330 (1979)

GENERAL REINSURANCE CORPORATION, Appellee, v. MISSOURI GENERAL INSURANCE COMPANY, Appellee, Jerry B. Buxton, Director, Division of Insurance and Receiver for Missouri General Insurance Company, Appellee, James A. Polsinelli, Commissioner of Claims for Missouri General Insurance Company, Mississippi Insurance Guaranty Association, Appellant. Wholesale Materials Company, Inc., Charles F. Jones and Hattie K. Keeton. Reinsurance Association of America, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1979.

Attorney(s) appearing for the Case

Robert M. Sommers (on brief), of James, Odegard & Millert, Kansas City, Mo., argued, for appellant; Neal E. Millert, Kansas City, Mo., and P. N. Harkins, III, of Watkins & Eager, Jackson, Miss., on brief.

John C. Craft (argued), and William C. Jolley, Jr., Kansas City, Mo., on brief, for appellee.

Charles W. Havens, III, Washington, D. C. (argued), and Franklin W. Nutter, Alexandria, Va., on brief, for amicus curiae, Reinsurance Assn. of America.

Before LAY and BRIGHT, Circuit Judges, and HARPER, Senior District Judge.

PER CURIAM.

This is an appeal from a final judgment by the trial court ordering that certain proceeds of reinsurance be paid to defendant Receiver for insolvent Missouri General Insurance Company, appellee herein.

For the purpose of providing some background, the basic facts of the case are as follows: On January 1, 1971, Agreement of Reinsurance No. 4191 was entered into between General Reinsurance Corporation and Medallion Insurance Company and its subsidiaries...

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