CAPITOL LIFE INS. CO. v. GALLAGHER

Civ. A. No. 93-B-2142.

839 F.Supp. 767 (1993)

The CAPITOL LIFE INSURANCE COMPANY, Plaintiff, v. Tom GALLAGHER, Commissioner of the Florida Department of Insurance, In Its Capacity As Receiver of Guarantee Security Life Insurance Company, Defendant.

United States District Court, D. Colorado.

December 21, 1993.


Attorney(s) appearing for the Case

Richard Magid, Whiteford, Taylor & Preston, Baltimore, MD, John Kezer, Wood, Ris & Hames, P.C., Denver, CO, for plaintiff.

Joseph Rebak, TEW & Garcia-Pedrosa, Miami, FL, Geoffrey S. Race, Weller, Friedrich, Ward & Andrew, Denver, CO, for defendant.


MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Plaintiff Capitol Life Insurance Company (Capitol) files this petition to compel arbitration under the Federal Arbitration Act, 9 U.S.C. § 4. Defendant Tom Gallagher, Commissioner of the Florida Department of Insurance, in his Capacity as Receiver of Guarantee Security Life Insurance Company (Gallagher) opposes this petition and moves for dismissal. Jurisdiction is proper under 28 U.S.C. § 1332...

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