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RHULEN AGENCY, INC. v. ALABAMA INS. GUAR. ASS'N

No. 491, Docket 89-7735.

896 F.2d 674 (1990)

RHULEN AGENCY, INC., Plaintiff-Appellant, v. ALABAMA INSURANCE GUARANTY ASSOCIATION, Arizona Property and Casualty Insurance Guaranty Fund, Connecticut Insurance Guaranty Association, Florida Insurance Guaranty Association, Georgia Insurance and Insolvency Pool, Iowa Insurance Guaranty Association, Illinois Insurance Guaranty Fund, Kansas Insurance Guaranty Association, Louisiana Insurance Guaranty Association, Maryland Property and Casualty Insurance Guaranty Corporation, Massachusetts Insurers Insolvency Fund, Michigan Property and Casualty Guaranty Association, Minnesota Insurance Guaranty Association, Nevada Insurance Guaranty Association, New Jersey Property and Liability Insurance Guaranty Association, North Carolina Insurance Guaranty Association, North Dakota Insurance Guaranty Association, Ohio Insurance Guaranty Association, Oklahoma Property and Casualty Insurance Guaranty Association, South Carolina Insurance Guaranty Association, South Dakota Insurance Guaranty Association, Tennessee Insurance Guaranty Association, Vermont Property and Casualty Insurance Guaranty Association, Washington Insurance Guaranty Association, West Virginia Insurance Guaranty Association, Wisconsin Insurance Security Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Glen Feinberg, New York City (Of Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, of counsel for Tepper, DuBois & Billig, Monticello, N.Y.), for plaintiff-appellant Rhulen Agency, Inc.

Edith K. Payne, Newark, N.J. (Of Stryker, Tams & Dill, Newark, N.J.), for defendants-appellees Alabama Ins. Guar. Ass'n, et al., (Bressler, Amery & Ross, Florham Park, N.J., of counsel).

Edward M. Cohen, New York City (Raskin & Rappoport, P.C., New York City), for defendant-appellee Maryland Property and Cas. Ins. Guar. Corp.

Before MESKILL and NEWMAN, Circuit Judges, and POLLACK, Senior District Judge.

MILTON POLLACK, Senior District Judge.

In this suit in which jurisdiction is based on diversity of citizenship, plaintiff, the Rhulen Agency, Inc. ("Rhulen"), appeals from an order of the Southern District of New York, 715 F.Supp. 94, dismissing without prejudice its action for lack of personal jurisdiction over the defendant unincorporated associations. For the reasons appearing hereafter the order below will be affirmed but...

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