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EMPLOYERS INS. OF WAUSAU v. PRUDENTIAL INS.

No. 91 Civ. 334 (RPP).

763 F.Supp. 46 (1991)

EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company, Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA and Prudential Property and Casualty Insurance Company, Defendants.

United States District Court, S.D. New York.

May 6, 1991.

Attorney(s) appearing for the Case

Siff, Rosen & Parker, New York City by David Pollack, Zelle & Larson, Minneapolis, Minn. by Dale I. Larson, Zelle & Larson, Waltham, Mass. by Wm. Gerald McElroy, Jr., for plaintiff.

LeBoeuf, Lamb, Leiby & MacRae, New York City by Lawrence W. Pollack, for defendants.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This is an action removed to this Court on January 14, 1991 from the Supreme Court of the State of New York for the County of New York pursuant to 28 U.S.C. § 1441(a). Plaintiff, a Wisconsin insurer, seeks a declaratory judgment. Defendants move to dismiss the complaint pursuant to Rule 12(b)1 of the Federal Rules of Civil Procedure or, in the alternative, to stay...

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