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HAMILTON LIFE INS. CO. OF N. Y. v. REPUBLIC NAT. LIFE INS. CO.

No. 67 Civ. 4855.

291 F.Supp. 225 (1968)

HAMILTON LIFE INSURANCE COMPANY OF NEW YORK, Petitioner, v. REPUBLIC NATIONAL LIFE INSURANCE COMPANY, Respondent.

United States District Court S. D. New York.

On Rehearing October 17, 1968.

Attorney(s) appearing for the Case

Aranow, Brodsky, Bohlinger, Einhorn & Dann, New York City, for petitioner; Herbert A. Einhorn, Anthony L. Tersigni, New York City, of counsel.

Simpson Thacher & Bartlett, New York City, for respondent; Thomas G. Nash, Jr., Dallas, Tex., Carson, Messinger, Elliott, Laughlin & Ragan, Phoenix, Ariz., Robert W. Holland, Phoenix, Ariz., of counsel.

OPINION

HERLANDS, District Judge:

Novel and important questions of federal-state relations in accommodating the Federal Arbitration Act, 9 U.S.C. § 1 et seq. with the McCarran-Ferguson Insurance Regulation Act, 15 U.S.C. § 1011 et seq. are raised by the petitioner's motion and the respondent's cross-motion.

Petitioner Hamilton Life Insurance Company of New York (Hamilton), moves for an order, pursuant to 9 U.S.C. § 4

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