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PETITION OF BURNETT

269 N.J. Super. 493 (1993)

635 A.2d 1019

IN THE MATTER OF THE PETITION OF MARGENA BURNETT FOR AN ORDER FOR ISSUE OF SUBPOENAS IN THE STATE OF NEW JERSEY UNDER ORDER AND COMMISSION ISSUED IN THE ACTION ENTITLED "STATE OF FLORIDA DEPARTMENT OF INSURANCE, AS RECEIVER OF GUARANTEE SECURITY LIFE INSURANCE COMPANY, PLAINTIFF, V. MERRILL LYNCH, PIERCE, FENNER & SMITH, ET AL., DEFENDANTS," PENDING IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR DUVAL COUNTY, CASE NO. 91-17911-CA, DIVISION C.

Superior Court of New Jersey, Law Division Union County.

August 27, 1993.

Attorney(s) appearing for the Case

Edward M. Suarez, Jr. for respondent A.M. Best Company, (Bumgardner, Hardin & Ellis attorneys; George R. Hardin of counsel; Mr. Suarez and Jeffrey A. Oshin on the briefs).

Charles B. Lembcke (admitted pro hac vice) for petitioner Margena Burnett (Datz, Jacobson, Lembcke & Garfinkel attorneys; Anthony J. LaRusso, Lindabury McCormick & Estabrook of counsel; Messrs. Lembcke and LaRusso on the briefs).

MENZA, J.S.C.

The respondent, A.M. Best Company, (Best) moves to quash a subpoena duces tecum which seeks production of certain insurance documents, and a subpoena ad testificandum, which seeks testimony relative to those documents. Both subpoenas were served upon Best by petitioner, Margena Burnett (Burnett).

Burnett is the wife of a former member of the board and director of the Guarantee Security Life Insurance Co. (GSLIC), which the State of Florida has...

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