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SEARS, ROEBUCK AND CO. v. NORTHUMBERLAND GENERAL INSURANCE COMPANY

No. 84 C 9567.

617 F.Supp. 88 (1985)

SEARS, ROEBUCK AND CO., Plaintiff, v. NORTHUMBERLAND GENERAL INSURANCE COMPANY, Defendant.

United States District Court, N.D. Illinois, E.D.

September 27, 1985.

Attorney(s) appearing for the Case

Arthur L. Klein, Theodore T. Schuld, Arnstein, Gluck, Lehr, Barron & Milligan, Chicago, Ill., for plaintiff.

Wayne B. Giampietro, DeJong, Poltrock & Giampietro, Chicago, Ill., for defendant.

ORDER

BUA, District Judge.

The Court treats defendant's motion to stay proceedings as a motion to dismiss in these circumstances. Accordingly, defendant's motion is GRANTED and plaintiff's complaint is dismissed without prejudice.

According to the Uniform Reciprocal Liquidation Act, of which Illinois and New York are reciprocal states (see Ill.Rev. Stat.Ann., ch. 73, par. 833.1, (Smith-Hurd 1985 Pocket Part)), when a liquidation proceeding is commenced...

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