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HOLLAND AMERICA INS. CO. v. SUCCESSION OF ROY

No. 84-4689.

777 F.2d 992 (1985)

HOLLAND AMERICA INSURANCE COMPANY, Plaintiff-Appellee, v. SUCCESSION OF Shepherd J. ROY, et al., Defendants, The Union Bank and Central Pecan Shelling Company, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 4, 1985.

Attorney(s) appearing for the Case

Darrel D. Ryland and Craig S. Gunnell, Marksville, La., for Union Bank.

Anderson & Rainach, Lawrence R. Anderson, Jr., Baton Rouge, La., for Central Pecan Shelling Co., Inc.

Boatner & Luke, R.H. Luke, Bunkie, La., for Bunkie Bank & Trust Co.

Good, Little, Simon, Weems & Bruser, John F. Simon, Alexandria, La., for Nat. Union Fire Ins. Co.

Provosty, Sadler & deLaunay, Frederick B. Alexius, Alexandria, La., Bienvenu, Foster, Ryan & O'Bannon, Ernest L. O'Bannon, John C. Tollefson, New Orleans, La., for St. Paul Fire & Marine Ins. Co. and Edgar Coco Agency, Inc.

Before CLARK, Chief Judge, POLITZ and JONES, Circuit Judges.

OPINION

EDITH HOLLAN JONES, Circuit Judge:

This appeal results from an order of the district court preliminarily enjoining state court litigation over the proceeds of a bankrupt company's fire insurance policy. We find that (1) the district court had jurisdiction and (2) the bankruptcy automatic stay did not bar litigation in the district court, but (3) it was improper to issue an injunction, and (4) the district court should consider delegating this controversy...

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