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AMERICAN BANKERS INS. CO. OF FLORIDA v. FIRST STATE INS. CO.

No. 89-5093.

891 F.2d 882 (1990)

AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a Florida Corporation, Plaintiff-Appellant, v. FIRST STATE INSURANCE COMPANY, a Foreign Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 11, 1990.

Attorney(s) appearing for the Case

Robert W. Wilkins, Nixon, Hargrave, Devans & Doyle, Jupiter, Fla., Vincent J. Vitkowky and Frank H. Penski, Nixon, Hargrave, Devans & Doyle, New York City, for plaintiff-appellant.

Maurice M. Garcia, Abrams, Anton, Robbins, Resnick & Schneider, Hollywood, Fla., Stephanie A. Ebers and Louis G. Adolfsen, Siff, Rosen, & Parker, New York City, for defendant-appellee.

Before VANCE and COX, Circuit Judges, and EDENFIELD, District Judge.

PER CURIAM:

This appeal arises from the district court's dismissal of an action in favor of a pending state proceeding. Because the district court misapplied the applicable law governing dismissal in such cases, we reverse and remand.

I. BACKGROUND:

A. Facts

American Bankers Insurance Company of Florida (American) and First State Insurance Company (First State) issued separate liability insurance policies to the same company — Arlen...

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