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AETNA CAS. AND SUR. CO. v. GAILEY

Civ. A. No. 90-11081-MC.

753 F.Supp. 46 (1990)

The AETNA CASUALTY AND SURETY COMPANY, Plaintiff, v. Timothy H. GAILEY, Commissioner of Insurance of the Commonwealth of Massachusetts, and Commonwealth Automobile Reinsurers, Defendants.

United States District Court, D. Massachusetts.

December 28, 1990.

Attorney(s) appearing for the Case

James K. Brown, Stephen B. Deutsch, Foley, Hoag & Eliot, Boston, Mass., for Aetna Cas. & Sur. Co.

Thomas A. Barnico, Richard M. Brunell, Mass. Dept. of Attys. Gen., Boston, Mass., for Timothy H. Gailey.

Robert William Mahoney, Mark G. Matuschak, Hale & Dorr, Boston, Mass., for Commonwealth Auto. Reinsurers.

MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT

McNAUGHT, District Judge.

This matter comes before the Court on defendants' motions to dismiss plaintiff's Complaint. As grounds for the motions, defendants state that the Complaint is not ripe and the Court should abstain from exercising jurisdiction at this time.

The Aetna Casualty and Surety Company has determined to withdraw from the Massachusetts private passenger...

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