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FDIC v. HARTFORD INS. CO. OF ILLINOIS

No. 87 C 8682.

692 F.Supp. 866 (1988)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. HARTFORD INSURANCE COMPANY OF ILLINOIS, Insurance Company of North America, the American Insurance Company, the Aetna Casualty and Surety Company, and Reliance Insurance Company, Defendants. The AMERICAN INSURANCE COMPANY, Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

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

July 27, 1988.

Attorney(s) appearing for the Case

Fern C. Bomchill, Robert J. Kriss, Herbert L. Zarov, Rosanne J. Faraci, Benjamin D. Gibson, Susan Tone Pierce, Mayer, Brown & Platt, Christopher T. Van Wagner, for plaintiff.

Michael J. Merlo, Richard S. Wisner, Craig A. Chapello, Priscilla Rellas Scoco, Michael J. Weber, Charles F. Redden, Pretzel & Stouffer, Chtd., Douglas M. Reimer, Janet M. Koran, Nancy Mackevich, McDermott, Will & Emery, Donald Clark, Jr., Chicago, Ill., for defendants.

Dina L. Biblin, Trial Atty., and Jeffrey Axelrod, Director, Torts Branch, U.S. Dept. of Justice; Washington, D.C., Frederick Branding, and Eileen M. Marutzky, Asst. U.S. Attys., Chicago, Ill., for third party defendant.

ORDER

NORGLE, District Judge.

The United States of America has moved to dismiss American Insurance Company's ("American") third-party complaint. The United States argues the third-party complaint is not subject to the court's jurisdiction and it fails to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(1), 12(b)(6). For the following reasons, the motion is denied.

FACTS

On August 23, 1984, Continental illinois...

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