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MELAHN v. PENNOCK INS., INC.

No. 91-2316.

965 F.2d 1497 (1992)

Lewis E. MELAHN, Director of the Missouri Division of Insurance and Receiver of Transit Casualty Company, Appellee, v. PENNOCK INSURANCE, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1992.

Attorney(s) appearing for the Case

Bonnie Brigance Leadbetter (argued), Philadelphia, Pa. (Nicholas M. Monaco and Keith A. Wenzel, Jefferson City, Mo., on the brief), for appellant.

James C. Owen (argued), Chesterfield, Mo. (Todd A. Massa, Richard H. Ralston, Thomas M. Franklin, and Diane P. Duvall, on the brief), for appellee.

Before ARNOLD, Chief Judge, and McMILLIAN, Circuit Judge; and WELLFORD, Senior Circuit Judge.

WELLFORD, Senior Circuit Judge.

The plaintiff, Lewis E. Melahn, as receiver of Transit Casualty Co. (Transit), filed a motion in the Circuit Court of Cole County, Missouri, on November 7, 1990, to show cause why defendant, Pennock Insurance, Inc. (Pennock), had not filed a response to his demand for $362,763.00, which he claimed to be due. Transit is an insolvent insurance company placed in receivership by the state of Missouri under its system of laws governing insurance...

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