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STATE OF TENN. EX REL. SIZEMORE v. SURETY BANK, N.A.

Civil Action No. 3:95-CV-0870-D.

939 F.Supp. 511 (1996)

STATE OF TENNESSEE, ex rel., Douglas SIZEMORE, Commissioner of Commerce and Insurance for the State of Tennessee, on behalf of policyholders and other third party claimants of Anchorage Fire & Casualty Insurance Company a/k/a Global Capital Assurance Company, Ltd., Plaintiff, v. SURETY BANK, N.A., formerly Texas Bank, N.A., Defendant.

United States District Court, N.D. Texas, Dallas Division.

July 15, 1996.

Attorney(s) appearing for the Case

Larry Hallman of Burford & Ryburn, L.L.P., Dallas, TX, and William W. Gibson of Wyatt, Tarrant & Combs, Nashville, TN, for plaintiff.

Sterling W. Steves of Lane, Ray, Wilson, Carr & Steves, Fort Worth, TX, and Kleber C. Miller and Christopher G. Lyster of Shannon, Gracey, Ratliff & Miller, L.L.P., Fort Worth, TX, for defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

The court vacates its January 22, 1996 memorandum opinion and order and substitutes the following memorandum opinion and order.

Defendant moves to dismiss or stay this action, presenting a Colorado River1 abstention question for resolution. Because the court holds that Colorado River abstention does not apply, the court denies the motion. Defendant...

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