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LEVY v. LEWIS

No. 7, Docket 80-7159.

635 F.2d 960 (1980)

Harold J. LEVY, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. Albert B. LEWIS, individually and as Superintendent of Insurance of State of New York, as Liquidator of Consolidated Mutual Insurance Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 12, 1980.

Attorney(s) appearing for the Case

Michael W. Sculnick, New York City (Vedder, Price, Kaufman, Kammholz & Day, Joseph D. Luksch, Jeffrey D. Mamorsky, Eric P. Simon, New York City, of counsel), for plaintiff-appellant.

Michael D. Brown, New York City (Stein, Rosen & Ohrenstein, Mark J. Bunim, New York City, of counsel), for defendant-appellee.

Before LUMBARD, MANSFIELD and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

Appellant Levy represents a class of retired employees of the Consolidated Mutual Insurance Company (CMIC). Appellee Lewis, the New York State Superintendent of Insurance, has acted as Rehabilitator and Liquidator of CMIC under the authority of various state court orders. In his capacity as Liquidator, Lewis terminated certain retirement benefits of former CMIC employees including Levy and then sought approval of his action in the state courts...

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