Someone claiming to represent OIL & GAS COMPANY, Appellant,
v.
Harold T. DURYEE, Successor In Interest to George Fabe, as the State of Ohio Liquidator, Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 2, 1993.
Decided October 21, 1993.
Attorney(s) appearing for the Case
Don Rothman, Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, CA, for someone claiming to be Appellant, Oil & Gas Co.
Lee Fisher, Atty. Gen. of Ohio by Paul S. Hoffman and Todd W. Mathers, Manatt, Phelps, Phillips & Kantor, Los Angeles, CA, for Appellee, Harold T. Duryee, Successor-in-Interest to George Fabe as Liquidator of Oil & Gas Co.
Stephen W. Schwab, Gail M. Goering, and Bradley V. Ritter, Rudnick & Wolfe, Chicago, IL, for party-in-interest-appellee, Stephen F. Selke, Director of Ins. of the State of Ill., in his capacity as Conservator of Millers Nat. Ins. Co.
Ellen K. Dollase, Associate Counsel, Nat. Ass'n of Ins. Com'rs, Kansas City, MO, as Amicus Curiae.
National Conference of Ins. Guar. Funds, Thomas W. Jenkins, Rowe W. Snider, C. Guerry Collins, and Carla J. Bennett, Lord, Bissel & Brook, Los Angeles, CA, as amicus curiae.
Before: BROWNING, HUG and KOZINSKI, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
KOZINSKI, Circuit Judge.
A. In Ohio, as in other states, when an insurance company gets into financial trouble, a state court may appoint a rehabilitator to run it and try to get it back on track. In May 1990, under increasing pressure from creditors, the Ohio Court of Common Pleas placed Oil & Gas Insurance Company into rehabilitation — with management's agreement — and appointed George Fabe as rehabilitator.
On August 30, 1990...
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