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MUNICH AMERICAN REINSURANCE CO. v. CRAWFORD

No. 97-10302.

141 F.3d 585 (1998)

MUNICH AMERICAN REINSURANCE COMPANY; NAC Reinsurance Corporation, Plaintiffs-Appellants, v. John P. CRAWFORD, Insurance Commissioner of the State of Oklahoma, as Receiver of Employers National Insurance Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 2, 1998.

Attorney(s) appearing for the Case

John M. Nonna, Richard J. Cairns, Patricia Anne Taylor, Werner & Kennedy, New York City, for Plaintiffs-Appellants.

Anthony J. Mormino, Washington, DC, for Reinsurance Ass'n of America, Amicus Curiae.

Billy M. Croll, Libby Hougland Banks, Linn & Neville, Orval Edwin Jones, Oklahoma Ins. Dept., Oklahoma City, OK, for Defendant-Appellee.

Before JOLLY, DUHÉ and PARKER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The dispute in this appeal is about who will decide the entitlement to a $1.5 million pile of money — arbitrators pursuant to the Federal Arbitration Act (the "FAA"), or the Oklahoma state insurance regulators and courts under the McCarran-Ferguson Act. Or, perhaps, the more specific question is who gets to decide who will decide the entitlement question — the federal courts or the state courts. There are, however, several...

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