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ST. PAUL FIRE AND MARINE INS. CO. v. SEAFARE CORP.

No. 86-1183.

831 F.2d 57 (1987)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. SEAFARE CORPORATION, Defendant-Appellant, and Trenor Corporation; Central Fidelity Bank, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1987.

Attorney(s) appearing for the Case

John G. Trimpi (C. Everett Thompson, II, Elizabeth City, N.C., on brief), for defendant-appellant.

Barbara Brandon Weyher (Joseph Walker Yates, III, Raleigh, N.C., on brief) for plaintiff-appellee.

Before WIDENER and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

WIDENER, Circuit Judge:

Seafare Corporation (Seafare) appeals the granting of summary judgment against it and in favor of plaintiff St. Paul Fire and Marine Insurance Company (St. Paul) by the United States District Court for the Eastern District of North Carolina. We vacate the judgment of the district court and remand for that court to hold this proceeding in abeyance until the constructive trust claims pending in the state court are resolved.

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