AIMS ENTERPRISES, INC. v. MUIR

Civ. A. No. 85-0170.

609 F.Supp. 257 (1985)

AIMS ENTERPRISES, INC., Piedmont American Life Insurance Company and David N. Levinson, Insurance Commissioner of the State of Delaware, in his capacity as Receiver of the Estate of Tara Life Insurance Company of America, Plaintiffs, v. William R. MUIR, Jr., in his capacity as Acting Insurance Commissioner of the Commonwealth of Pennsylvania and in his capacity as Ancillary Receiver of the assets of Tara Life Insurance Company of America, Defendant.

United States District Court, M.D. Pennsylvania.

May 22, 1985.


Attorney(s) appearing for the Case

Jack M. Stover, Shearer, Mette & Woodside, Harrisburg, Pa., John Small, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., for plaintiffs.

Beth C. Sheligo, Asst. Counsel, Legal Div., Com. of Pa. Ins. Dept., Mollie McCurdy, Deputy Atty. Gen., Harrisburg, Pa., for defendant.


MEMORANDUM

CALDWELL, District Judge.

I. Introduction

Pursuant to Fed.R.Civ.P. 12(b), defendant, William R. Muir, Jr., Acting Insurance Commissioner of the Commonwealth of Pennsylvania, has moved to dismiss plaintiffs' complaint on the following grounds: (1) the court in its discretion should abstain from adjudicating this action; (2) the Eleventh Amendment divests this court of jurisdiction; and (3) the complaint fails to state a claim....

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