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IN RE TEXAS TURN-KEY OPERATORS, INC.

Bankruptcy No. 85-05049-H3-5, Adv. No. 86-2075-H3.

70 B.R. 193 (1986)

In re TEXAS TURN-KEY OPERATORS, INC., Debtor. Michael R. BAXTER, Individually, and on Behalf of Certain Underwriters At Lloyds, London, and Other Underwriters and Insurers Who May Be At Risk With Respect to Lester Eckert and Company's Certificates or Cover Notes of AFE Insurance 1069A and 1069A (Amended) Issued to Texas Turn-Key Operators, Inc., Plaintiff in Interpleader, v. TEXAS TURN-KEY OPERATORS, INC., Spring Woods Bank and James P. Corcoran, Superintendent of Insurance of the State of New York, As Liquidator for Northumberland General Insurance Company (United States Branch), and Northumberland General Insurance Company (United States Branch), In Liquidation, Defendants in Interpleader.

United States Bankruptcy Court, S.D. Texas, Houston Division.

December 11, 1986.

Attorney(s) appearing for the Case

Michael Rosenthal, Rosenthal & Rosenthal, Houston, Tex., for debtor.

Philip P. Sudan, Ryan & Shosa, Houston, Tex., for defendants in interpleader.

Theodore G. Demitry, Vinson & Elkins, Houston, Tex., for plaintiff in interpleader.

ORDER DENYING MOTION TO DISMISS

LETITIA Z. TAITTE, Bankruptcy Judge.

Came on for consideration on October 17, 1986, the Motion to Dismiss of James P. Corcoran, Superintendent of the Insurance of the State of New York (Superintendent), and after considering the memoranda of authority and the argument of counsel the Court enters the following Order:

This adversary proceeding in the nature of interpleader was filed by Michael Baxter, individually and...

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