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NORTH CAROLINA LIFE & ACC. & HEALTH INS. v. ALCATEL

No. 5:94-CV-511-BR3.

876 F.Supp. 748 (1995)

The NORTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION, Plaintiff, v. ALCATEL, et al., Defendants.

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

February 2, 1995.

Attorney(s) appearing for the Case

Michael L. Unti, Margaret Cain Lumsden, Hunton & Williams, Raleigh, NC, for The North Carolina Life and Acc. and Health Ins. Guar. Ass'n.

John L. Sarratt, Craig B. Wheaton, Hayden J. Silver, III, Petree Stockton, Curtis J. Shipley, Moore & Van Allen, Raleigh, NC, for Alcatel Network Systems, Inc., RJR Nabisco, Inc.

John L. Sarratt, Craig B. Wheaton, Petree Stockton, Raleigh, NC, for The Alcatel Inv. and Sav. Plan Trust Committee and all other defendants.

Nigle B. Barrow, Jr., James Y. Kerr, II, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, NC, for Bankers Trust Co. of California, N.A.

Hayden J. Silver, III, Petree Stockton, Curtis J. Shipley, Moore & Van Allen, Raleigh, NC, for First Union Nat. Bank of North Carolina and Wachovia Bank of North Carolina, N.A.

ORDER

BRITT, District Judge.

I. BACKGROUND

This matter is before the court on motions by the defendants to dismiss or abstain from exercising jurisdiction. The motions have been fully briefed and are now ripe for decision.

The issues before the court can be best discussed as consisting of two distinct parts. The first part concerns plaintiff's first through fifth claims in which it is seeking a declaration of its liability on certain...

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