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STATE OF N.C. v. ALEXANDER & ALEXANDER SERVICES

No. 86-1247-CIV-5.

685 F.Supp. 114 (1988)

STATE OF NORTH CAROLINA, on Relation of James E. LONG, Commissioner of Insurance, as Rehabilitator of the Beacon Insurance Company and as Representative of the Creditors and Claimants of the Beacon Insurance Company, Plaintiff, v. ALEXANDER & ALEXANDER SERVICES, INC.; Alexander & Alexander of New York, Inc.; Alexander & Alexander, Inc.; Alexander Howden Holding, plc; Alexander Howden Group, Ltd. (formerly Alexander Howden Insurance Brokers, Ltd.); Alexander Howden, Ltd.; Alexander Howden Services, Inc. (formerly Wohlreich & Anderson, Ltd.); Rydata Limited; Alexander Underwriting Agencies, Ltd.; Hamilton Underwriting Agency, Ltd. (formerly SDU, Ltd.); American Special Risk Insurance Company (formerly Cranford Insurance Company, Ltd.); Atlanta International Insurance Company (formerly Drake Insurance Company); Colin G. Bird; Barry Francis Graham Toomey; Peter J. Charman & Company, Ltd. (formerly Charman Mauduit [Insurance Brokers], Ltd.); Neill W. Portermain; the Puckett Group, Inc.; and Puckett-Scheetz Insurance Agency, Inc. (formerly Puckett, Scheetz & Hagler, Inc.), Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

May 18, 1988.

Attorney(s) appearing for the Case

V. Lane Wharton, Jr., Hunter, Wharton & Howell, William L. Thorp, Thorp, Fuller & Slifkin, Raleigh, N.C., James L. Rohm, Baskin, Flaherty, Elliott & Mannino, Philadelphia, Pa., for plaintiff.

C. Thomas Ross, Craige, Brawley, Liipfert & Ross, Jim D. Cooley, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., James E. Walker, Kennedy, Covington, Lobdell & Hickman, Douglas M. Martin, Palmer, Miller, Campbell & Martin, Charlotte, N.C., for defendants.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

Defendants, Alexander Parties, petition this court for a ruling that the order of the court dated February 29, 1988, be certified for immediate appeal pursuant to 28 U.S.C. § 1292(b).

Title 28 § 1292(b) states that:

When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question...

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