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GRODE v. MUTUAL FIRE, MARINE AND INLAND INS. CO.

Nos. 93-1128, 93-1129.

8 F.3d 953 (1993)

George F. GRODE, Insurance Commissioner of the Commonwealth of Pennsylvania v. The MUTUAL FIRE, MARINE AND INLAND INSURANCE COMPANY. Cynthia M. MALESKI, Acting Insurance Commissioner of the Commonwealth of Pennsylvania, as Acting Rehabilitator of the Mutual Fire, Marine & Inland Insurance Co. v. BRITTANY INSURANCE COMPANY; Belvedere Underwriting Agents, Ltd.; Belvedere Underwriting Agents, Ltd. for and on behalf of Belvedere Insurance Company, Brittany Insurance Company, Ltd. Appellant in No. 93-1128, Belvedere Insurance Company, Ltd. Appellant in No. 93-1129.

United States Court of Appeals, Third Circuit.

Decided October 21, 1993.

Rehearing and Rehearing Denied November 16, 1993.

Attorney(s) appearing for the Case

Eugene Wollan, Ronald J. Theleen (argued), Jeffrey B. Gold, Mound, Cotton & Wollan, New York City, for appellants.

G. Alan Bailey (argued), Mutual Fire Marine & Inland Ins. Co., Philadelphia, PA, for appellees.

Before: SCIRICA, COWEN, and ROSENN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 16, 1993.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case raises a question whether under abstention doctrines a federal court may surrender jurisdiction to a state court of an ordinary contract claim initially brought in a state court in behalf of an insolvent insurance company and removed to a federal district court by foreign defendants on grounds of...

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