N.C. LEAGUE OF MUN. v. CLARENDON NAT.

No. 89-597-CIV-5-BO.

733 F.Supp. 1009 (1990)

NORTH CAROLINA LEAGUE OF MUNICIPALITIES, Administrator of the Interlocal Risk Financing Fund of North Carolina, and the Interlocal Risk Financing Fund of North Carolina, Plaintiffs, v. CLARENDON NATIONAL INSURANCE COMPANY, a Connecticut corporation, and Transamerica Reinsurance Company, a Connecticut corporation, Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

April 2, 1990.


Attorney(s) appearing for the Case

Wright T. Dixon, Jr., Alan J. Miles, Mary Elizabeth Clarke, Bailey & Dixon, Raleigh, N.C., for plaintiffs.

Peter M. Foley, LeBoeuf, Lamb, Leiby & MacRae, Raleigh, N.C., for Clarendon National Ins. Co.

J. Anthony Penry, Petree, Stockton & Robinson, Raleigh, N.C., for Transamerica Reinsurance Co.


ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter comes before the court upon the alternative motions of the defendant Clarendon1 to either dismiss this action or to compel arbitration. For the reasons stated below, the defendant's motion to dismiss is denied and the motion to compel arbitration is granted.

FACTUAL BACKGROUND

Plaintiff, Interlocal Risk Financing Fund of North Carolina ("IRFFNC"), is...

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