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UNITED SERVICES AUTO. ASS'N. v. MUIR

No. 85-5662.

792 F.2d 356 (1986)

UNITED SERVICES AUTOMOBILE ASSOCIATION, a Texas Reciprocal Interinsurance Exchange and USAA Casualty Insurance Company, a Texas Stock Insurance Company and USAA Life Insurance Company, a Texas Stock Insurance Company and USAA Annuity And Life Insurance Company, a Texas Stock Insurance Company v. William J. MUIR, III, Acting Insurance Commissioner of the Commonwealth of Pennsylvania. Appeal of UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA Casualty Insurance Company, USAA Life Insurance Company, and USAA Annuity and Life Insurance Company, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 6, 1986.

Attorney(s) appearing for the Case

Michael L. Browne, Christopher K. Walters, (Argued), J. Thomas Morris, Reed Smith Shaw & McClay, Philadelphia, Pa., Robert B. Hoffman, Reed Smith Shaw & McClay, Harrisburg, Pa., for appellants.

Leroy S. Zimmerman, Atty. Gen., Ellis M. Saull, (Argued), Deputy Atty. Gen., Andrew S. Gordon, Senior Deputy Atty. Gen., Allen C. Warshaw, Executive Deputy Atty. Gen., Office of Atty. Gen., Harrisburg, Pa., for appellee.

Before GIBBONS, BECKER, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal requires us to examine various forms of abstention advanced by the district court in choosing to refrain from exercising jurisdiction. Included is an unsettled question under the abstention doctrine promulgated in Railroad Commission of Texas v. Pullman, 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941): whether a...

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