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ALLEGHANY CORP. v. EAKIN

No. IP 88-561-C.

712 F.Supp. 716 (1989)

ALLEGHANY CORPORATION v. Harry E. EAKIN, Commissioner of Indiana Department of Insurance and The St. Paul Companies, Inc. and St. Paul Indemnity Insurance Company.

United States District Court, S.D. Indiana, Indianapolis Division.

On Motions to Amend March 20, 1989.

Attorney(s) appearing for the Case

Phillip A. Terry and Brian W. Welch, McHale, Cook & Welch, Indianapolis, Ind., for plaintiff.

Samuel L. Bolinger, Indianapolis, Ind., for defendants.

Baker and Daniels, Indianapolis, Ind., Joe C. Emerson and Joseph J. Andrew, for intervenors.

STECKLER, District Judge.

This matter is before the Court on defendants' motion to dismiss pursuant to Fed.R. Civ.P. 12(b)(6) and 12(b)(1). Defendants Harry E. Eakin, Commissioner of Indiana Department of Insurance ("Commissioner"), the St. Paul Companies, Inc. ("St. Paul") and the St. Paul Indemnity Insurance Company ("St. Paul Indemnity") seek dismissal under either Younger or Burford abstention. Younger v. Harris, 401 U.S. 37...

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