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AMERICAN CAST IRON PIPE CO. v. STATESMAN INSURANCE CO.

No. 4-71 Civ. 463.

343 F.Supp. 860 (1972)

AMERICAN CAST IRON PIPE COMPANY, a Georgia corporation, Plaintiff, v. STATESMAN INSURANCE COMPANY, an Iowa corporation, et al., Defendants.

United States District Court, D. Minnesota, Fourth Division.

June 12, 1972.

Attorney(s) appearing for the Case

Culhane & Culhane by Michael L. Culhane, Minneapolis, Minn., for plaintiff.

Briggs & Morgan by James W. Bowers, St. Paul, Minn., for defendants.

NEVILLE, District Judge.

The question presented here is: May a materialman who supplied pipe to a now bankrupt general contractor, and whose surety on its contractor's bond, i. e., Home Owners Insurance Company of Illinois, also is insolvent and the subject of a receivership in the state court of Illinois, prosecute its claim for $146,166.26 directly against three reinsurance companies, each of whom under a reinsurance treaty and contract reinsured a portion of the...

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