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FOSTER v. WESTMORELAND CAS. CO.

No. 2645 C.D. 1987.

115 Pa.Commw. 393 (1988)

540 A.2d 347

Constance B. Foster, Insurance Commissioner of the Commonwealth of Pennsylvania, Plaintiff v. Westmoreland Casualty Company, Defendant.

Commonwealth Court of Pennsylvania.

April 18, 1988.

Attorney(s) appearing for the Case

Jean M. Callihan, Assistant Counsel, with her, Terrance J. Fitzpatrick, Chief of Litigation, Linda J. Wells, Chief Counsel, for plaintiff.

Wayne M. Pecht, Keefer, Wood, Allen & Rahal, for defendant.

Submitted on briefs February 23, 1988, to President Judge CRUMLISH, JR., and Judges McGINLEY and SMITH, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., April 18, 1988:

The Insurance Commissioner has filed a petition for liquidation in our original jurisdiction1 seeking an involuntary dissolution of Westmoreland Casualty Company and a formal liquidation order pursuant to Article V of the Insurance Department Act of 1921 (Act).2 Westmoreland has filed preliminary objections which are now before us.

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