GENERAL GLASS v. MONSOUR MEDICAL FOUNDATION

No. 91-3839.

973 F.2d 197 (1992)

GENERAL GLASS INDUSTRIES CORPORATION, on behalf of itself, and all others similarly situated, v. MONSOUR MEDICAL FOUNDATION; Monsour Medical Center, individually and as successor to Keystone Medical Management Company; William J. Monsour, M.D.; and A.V. Papa, Jr.; Constance B. Foster, Insurance Commissioner of the Commonwealth of Pennsylvania, as Statutory Liquidator of Keystone Medical Services, Inc., Intervenor in D.C., General Glass Industries Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 17, 1992.


Attorney(s) appearing for the Case

Fredric E. Orlansky (argued), Vincent A. DeFalice, Riley & DeFalice, P.C., Pittsburgh, Pa., Lewis B. Gardner, General Glass Industries Corp., Jeanette, Pa., for appellant General Glass Industries Corp.

Jerome Cochran (argued), Alan A. Garfinkel, Klett, Lieber, Rooney & Schorling, Pittsburgh, Pa., for Monsour Medical Foundation, Monsour Medical Center, Inc. and Al Papa, Jr.

Kathryn L. Simpson (argued), Grogan, Graffam, McGinley & Lucchino, P.C., Pittsburgh, Pa., for Constance B. Foster.

Robert Pfaff, Pfaff, McIntyre, Dugas & Hartye, Hollidaysburg, Pa., for William J. Monsour, M.D.

Before: HUTCHINSON, COWEN and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal by General Glass Industries Corporation ("GGI") requires us to determine whether a complaint asserting causes of action, some of which are not derivative of the causes of action maintained by the intervenor, the Insurance Commissioner of the Commonwealth of Pennsylvania ("Commissioner") in state liquidation proceedings against an insolvent insurer, may be dismissed by the district court on the grounds...

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