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BIRMINGHAM FIRE INS. CO. v. KOA FIRE & MARINE INS. CO.

No. 81 Civ. 6717 (RLC).

572 F.Supp. 969 (1983)

BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA and Belgian General Insurance Company, Plaintiffs, v. KOA FIRE & MARINE INSURANCE CO., LTD., Defendant. KOA FIRE & MARINE INSURANCE CO., LTD., Third-Party Plaintiff, v. AMERICAN AGENCY UNDERWRITERS, INC., et al., Third-Party Defendants.

United States District Court, S.D. New York.

July 25, 1983.

Attorney(s) appearing for the Case

Kroll, Pomerantz & Cameron, New York City, for defendant and third-party plaintiff; Roy E. Pomerantz, Raymond L. Mylott, Jr., Alan J. Brill, New York City, of counsel.

Cameron, Hornbostel, Adelman & Butterman, New York City, for third-party defendants; Harris A. Barer, New York City, Larry W. Thomas, Washington, D.C., of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Grupo de Empressas Segurodoras Brasileiras ("GESB"), a reinsurer and a third-party defendant in this action, now moves to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), F.R. Civ.P., and for lack of in personam jurisdiction, pursuant to Rule 12(b)(2), F.R.Civ.P. However, because the parties have alleged facts outside the pleadings, the motion will be treated as one for summary judgment...

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