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SAFEGUARD MUT. INS. CO. v. COMWLTH. OF PA. EX REL. MAXWELL

Civ. A. No. 42510.

321 F.Supp. 996 (1970)

SAFEGUARD MUTUAL INSURANCE CO. v. COMMONWEALTH OF PENNSYLVANIA ex rel. David O. MAXWELL, Insurance Commissioner.

United States District Court, E. D. Pennsylvania.

June 30, 1970.

Attorney(s) appearing for the Case

Malcolm W. Berkowitz, Philadelphia, Pa., Malcolm H. Waldron, Jr., Philadelphia, Pa., for plaintiff.

Frederick G. Antoun, Deputy Atty. Gen., Harrisburg, Pa., George F. Reed, Harrisburg, Pa., for defendant.

Before FREEDMAN, Circuit Judge, LORD, Chief District Judge and FULLAM, District Judge.

OPINION OF THE COURT

PER CURIAM.

On April 12, 1967, the Insurance Commissioner of Pennsylvania, acting pursuant to § 502 of the Insurance Department Act of 1921, as amended,1 ordered the suspension of Safeguard Mutual Insurance Company and applied to the Common Pleas Court of Dauphin County for liquidation of the company. While the state court action was pending, the company brought the present action challenging the constitutionality...

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