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COMMONWEALTH OF PA. v. NATIONAL ASS'N OF FLOOD INS.

No. 74-1894.

520 F.2d 11 (1975)

COMMONWEALTH OF PENNSYLVANIA, By William SHEPPARD, Insurance Commissioner, et al., Appellants, v. NATIONAL ASSOCIATION OF FLOOD INSURERS, an Unincorporated Association, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided June 13, 1975.

Attorney(s) appearing for the Case

Kathleen Herzog Larkin, Deputy Atty. Gen., Lawrence Silver, Deputy Atty. Gen., Chief, Litigation Div., Israel Packel, Atty. Gen., Dept. of Justice, Harrisburg, Pa., for appellants.

John G. Harkins, Jr., Philadelphia, Pa., Fred Speaker, Harrisburg, Pa., Marjorie G. Marinoff, Charles J. Bloom, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellees, National Flood Insurers Ass'n, General Accident Fire and Life Assurance Corp., Ltd., and Zurich Ins. Co.

Carla A. Hills, Asst. Atty. Gen., S. John Cottone, U. S. Atty., Robert E. Kopp, David M. Cohen, Attys., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., for Federal appellees.

Before ALDISERT, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

The Commonwealth of Pennsylvania ("Commonwealth") appeals from the decision of the district court dismissing its complaint.1 As to all but one count of the complaint, we affirm the district court;2 as to that count of the complaint which seeks mandamus relief against the federal defendants, we reverse and remand to...

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