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METRO TRANSP. CO. v. BALBOA INS. CO.

Civ. A. No. 87-7050.

677 F.Supp. 376 (1988)

METRO TRANSPORTATION CO. t/a Yellow Cab Company, Official Creditors' Committee Pennsylvania Public Utility Commission v. BALBOA INSURANCE COMPANY.

United States District Court, E.D. Pennsylvania.

January 6, 1988.

Attorney(s) appearing for the Case

Kevin Walsh, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., for Metro Transp. Co.

Mary F. Walrath, William G. Downey, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for Official Creditors' Committee.

William A. Alan Kohler, Daniel P. Delaney, Harrisburg, Pa., for Pennsylvania Public Utility Com'n.

J. Scott Victor, Lashner, Victor & Maschmeyer, Alan Wm. Margolis, Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for defendant.

MEMORANDUM

LUDWIG, District Judge.

Defendant Balboa Insurance Company moves to dismiss under Fed.R.Civ.P. 12(b)(1), 17 and 12(b)(6). For the following reasons the motion is denied.1

1. Plaintiff Metro Transportation Company has standing to maintain this declaratory judgment action. The complaint alleges that Balboa wrongfully refused to "pay ... claims and judgments asserted and/or entered against Metro" falling within...

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