MATTER OF MUT. BEN. LIFE INS. CO.


258 N.J. Super. 356 (1992)

609 A.2d 768

IN THE MATTER OF THE REHABILITATION OF MUTUAL BENEFIT LIFE INSURANCE COMPANY.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1992.


Attorney(s) appearing for the Case

Marc S. Friedman argued the cause for appellant Maryland National Bank (Friedman Siegelbaum; Weinberg & Green, attorneys; Helene H. Wingens, Carl E. Eastwick, Earl F. Leitas and Marc S. Friedman, on the brief).

Gregory G. Little argued the cause for appellant First Tennessee Bank National Association (McCarter & English; Hunton & Williams, attorneys; William H. McBride, Jeffrey S. Norwood and Gregory G. Little, of counsel and on the brief).

Bruce D. Shoulson argued the cause for appellant Citizens & Southern National Bank of South Carolina (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Bruce D. Shoulson, of counsel; Gary F. Eisenberg, on the brief).

Jack M. Sabatino, Assistant Attorney General, and Michael S. Meisel, Special Counsel, argued the cause for respondent Samuel F. Fortunato, Commissioner of Insurance and Rehabilitator of Mutual Benefit Life Insurance Company (Robert J. Del Tufo, Attorney General of New Jersey; Cole, Schotz, Bernstein, Meisel & Forman, P.A., and Cadwalader, Wickersham & Taft, attorneys; Joseph L. Yanotti, Assistant Attorney General, Michael S. Meisel and Mitchell I. Sonkin, of counsel; Sharon M. Hallanan, Deputy Attorney General, Gregory M. Petrick, Joan S. Stumpf, Steven R. Klein, on the briefs).

Before Judges O'BRIEN, HAVEY and CONLEY.


The opinion of the court was delivered by CONLEY, J.S.C. (temporarily assigned).

On leave granted, First Tennessee Bank National Association, Maryland National Bank and Citizens and Southern National Bank of South Carolina appeal two interlocutory orders of the Chancery Division entered December 12, 1991 restraining them from foreclosing against certain out-of-state property in which Mutual Benefit Life Insurance has an interest both directly and through a wholly...

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