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INSURANCE CO. OF THE STATE OF PA. v. SYNTEX CORP.

No. 90-2770.

964 F.2d 829 (1992)

INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Appellant, v. SYNTEX CORPORATION, Syntex (U.S.A.), Inc., Syntex Laboratories, Inc., Syntex Agribusiness, Inc., Hartford Accident & Indemnity Co., Hartford Fire Insurance Co., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1992.

Attorney(s) appearing for the Case

Marjorie H. Mintzer, New York City, argued (Marjorie H. Mintzer and Phillip C. Landrigan, New York City, Barbara W. Wallace, St. Louis, Mo., on the brief), for appellant.

Barry S. Levin, San Francisco, Cal., argued (Barry S. Levin, San Francisco, Cal., and William L. Davis, St. Louis, Mo., on the brief) for appellees.

Before McMILLIAN, Circuit Judge, and FLOYD R. GIBSON and HENLEY, Senior Circuit Judges.

McMILLIAN, Circuit Judge.

Insurance Company of the State of Pennsylvania ("ICSOP") appeals from a final order entered in the United States District Court for the Eastern District of Missouri dismissing without prejudice ICSOP's action for declaratory relief brought pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201. For reversal, ICSOP argues that the district court erred in failing to consider the "exceptional circumstances" of the case as required by...

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