ANGLO AMERICAN INS. GROUP, P.L.C. v. CALFED, INC.

No. 92 Civ. 9137(RLC).

899 F.Supp. 1070 (1995)

ANGLO AMERICAN INSURANCE GROUP, P.L.C. and Anglo American Insurance Holdings Limited, Plaintiffs, v. CALFED, INC., XCF Acceptance Corporation, as successor by merger to Calfed, Inc., and William J. FITZPATRICK, Defendants. William J. FITZPATRICK, Third-Party Plaintiff, v. ANGLO AMERICAN INSURANCE COMPANY LIMITED, Third-Party Defendant. CALFED, INC. and XCF Acceptance Corporation, as successor by merger to Calfed, Inc., Third-Party Plaintiffs, v. KPMG Peat Marwick McLINTOCK, Third-Party Defendant.

United States District Court, S.D. New York.

August 25, 1995.


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan (Alvin K. Hellerstein, Brian M. Cogan, Alan Z. Yudkowdky, of counsel), New York City, for Third-Party Plaintiffs.

Morgan, Lewis & Bockius (Laurie E. Foster, James M. Conway, of counsel), New York City, for Third-Party Defendants.


ROBERT L. CARTER, District Judge.

Third-party defendant Anglo American Insurance Company Limited ("Anglo") moves pursuant to Rules 12(b)(2) and 12(b)(6), F.R.Civ.P., to dismiss the third-party complaint brought by third-party plaintiff William J. Fitzpatrick.

I.

On October 10, 1989, defendant CalFed Inc. ("CalFed") entered into an agreement to sell 100% of the stock of Anglo, an English insurance company, to plaintiff Anglo American Insurance Group...

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