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KELLY v. OVERSEAS INVESTORS

45 Misc.2d 292 (1965)

Audrey R. Kelly, as Insurance Commissioner of the Commonwealth of Pennsylvania, and as Such, Statutory Liquidator of Empire Mutual Fire Insurance Company (Dissolved), Plaintiff, v. Overseas Investors, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

February 8, 1965

Attorney(s) appearing for the Case

Rodwin & Rodwin (Harry Rodwin and Richard Rodwin of counsel), for plaintiff. Simpson, Thacher & Bartlett (Lawrence M. McKenna and Joseph J. Ackell of counsel), for Gairdner & Company, Inc., defendant. Cadwalader, Wickersham & Taft (John A. Sullivan and Ian R. MacLeod of counsel), for Overseas Investors, Inc., defendant. Baer, Marks, Friedman & Berlinger (Stephen F. Selig and Burton K. Katlin of counsel), for D. H. Blair & Co., Inc., and others, defendants.

SAMUEL M. GOLD, J.

The subject insurance company, Empire Mutual Insurance Company, is a Pennsylvania corporation. It is insolvent and in dissolution, under the supervision of plaintiff as Insurance Commissioner of the Commonwealth of Pennsylvania and Statutory Liquidator of Empire. She has brought this action against the defendants upon a charge that they conspired to and did act to give to the insurance company...

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