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  5. 898 F.2d 1314 (1990)
 

ALLEGHANY CORP. v. POMEROY

Nos. 89-5033, 89-5034.

898 F.2d 1314 (1990)

ALLEGHANY CORPORATION, Appellee, v. Earl R. POMEROY, Commissioner of Insurance of the State of North Dakota, Appellant, and St. Paul Companies, Inc., a Minnesota corporation, and St. Paul Insurance Company of North Dakota, a North Dakota insurance company, Intervenors. ALLEGHANY CORPORATION, Appellee, v. Earl R. POMEROY, Commissioner of Insurance of the State of North Dakota, and St. Paul Companies, Inc., a Minnesota corporation, and St. Paul Insurance Company of North Dakota, a North Dakota insurance company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1990.

Concurring and Dissenting Opinion Filed April 5, 1990.

Attorney(s) appearing for the Case

Nicholas Spaeth, Bismarck, N.D., and Richard J. Urowsky, New York City, for appellant.

Thomas Tinkham, Minneapolis, Minn., for appellee.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and BROWN, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

This is another case arising out of Alleghany Corporation's efforts to acquire control of the St. Paul Companies. The North Dakota Insurance Commissioner, Earl R. Pomeroy, rejected Alleghany's application to acquire control of the St. Paul Companies, including the St. Paul Insurance Company of North Dakota. Alleghany filed this action in federal court instead of appealing Pomeroy's decision to the North Dakota state courts. The district...

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