CERTAIN UNDERWRITERS AT LLOYD'S v. ST. JOE MINERALS

No. 94-CV-1076.

889 F.Supp. 65 (1995)

CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, and Other Companies, subscribing to the insurance policies represented by Certificates No. CN55985/81, CN55986/81, HT9504, HT9505, HU9503, HU9504, HU9505, HW9503, HW9504, HW9505, C58/3963, C58/3972, UJL0169, UKL0640, Plaintiffs, v. ST. JOE MINERALS CORPORATION, Renco Group, Inc., Doe Run Resources Corporation, and D.R. Acquisition Corp., Defendants.

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

June 23, 1995.


Attorney(s) appearing for the Case

Peterson & Ross (Regina K. McCabe, of counsel) Chicago, IL, for plaintiffs.

Latham & Watkins (Michael W. Ellison, of counsel), Costa Mesa, CA, for defendants.


MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

Defendants previously brought a motion to dismiss this action on several grounds. On December 23, 1994, the court heard arguments on the motion and rendered an oral decision in which it dismissed the complaint without prejudice pursuant to Fed.R.Civ.P. 12(b)(6) because the case alleged was not currently a justiciable and ripe controversy upon which judgment could be rendered. This...

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