ALLEGHANY CORP. v. POMEROY

Civ. No. A1-88-096.

700 F.Supp. 460 (1988)

ALLEGHANY CORPORATION, Plaintiff, v. Earl R. POMEROY, Commissioner of Insurance of the State of North Dakota, Defendant. and The St. Paul Companies, Inc., and St. Paul Insurance Company of North Dakota, Intervening Defendants.

United States District Court, D. North Dakota, Southwestern Division.

October 31, 1988.


Attorney(s) appearing for the Case

H. Patrick Wier and Harlan G. Fuglesten, Fargo, N.D., Thomas Tinkham, Richard Bond and Leslie J. Anderson, Minneapolis, Minn., for plaintiff.

Merle T. Pederson, Bismarck, N.D., for Pomeroy.

Patrick Durick, Joel W. Gilbertson and David E. Reich, Bismarck, N.D., and James A. McDermott, James A. Strain, Eric R. Moy, Peter J. Rusthoven and David Hamilton, Indianapolis, Ind., for amici curiae.

Thomas O. Smith, Bismarck, N.D., for St. Paul Companies.


MEMORANDUM AND ORDER

CONMY, Chief Judge.

The essential facts necessary to resolve the present suit are not disputed by the parties. Those facts, as stated in this court's previous decision, are as follows:

Alleghany Corporation is a Delaware corporation with its headquarters in New York. Its common stock is listed and traded on the New York Stock Exchange. Alleghany, through its subsidiaries, is engaged...

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