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ALLEGHANY CORP. v. POMEROY

Civ. No. A1-88-096.

698 F.Supp. 809 (1988)

ALLEGHANY CORPORATION, Plaintiff, v. Earl R. POMEROY, Commissioner of Insurance of the State of North Dakota, Defendant, and American Council of Life Insurance, and the American Insurance Association, Amici Curiae, and St. Paul Insurance Company of North Dakota, a North Dakota Insurance company; and The St. Paul Companies, Inc., a Minnesota corporation, Intervening Defendants.

United States District Court, D. North Dakota, Southwestern Division.

August 11, 1988.

Attorney(s) appearing for the Case

H. Patrick Wier, and Harlan G. Fuglesten, Fargo, N.D., Thomas Tinkham, Richard Bond, and Leslie J. Anderson, Minneapolis, Minn., for Alleghany Corp.

Merle T. Pederson, Bismarck, N.D., for Pomeroy.

Patrick Durick, Joel W. Gilbertson, David E. Reich, Bismarck, N.D., James A. McDermott, James A. Strain, Eric R. Moy, Peter J. Rusthoven, and David Hamilton, Indianapolis, Ind., for amici curiae.

Thomas O. Smith, Bismarck, N.D., for St. Paul Companies.

MEMORANDUM AND ORDER

CONMY, Chief Judge.

Alleghany Corporation is a Delaware corporation with its headquarters in New York. Its common stock is listed and traded on the New York Stock Exchange. Alleghany, through its subsidiaries, is engaged in the sale and underwriting of title insurance and in the property and casualty insurance business.

St. Paul Companies, Inc. is incorporated under the laws of the state of Minnesota with its headquarters located...

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