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IN RE IONOSPHERE CLUBS, INC.

No. 956, Docket 95-5038.

85 F.3d 992 (1996)

In re IONOSPHERE CLUBS, INC., Eastern Air Lines, Inc., and Bar Harbor Airways, Inc., doing business as Eastern Express, Debtors. EASTERN AIR LINES, INC., Plaintiff-Appellant, v. The INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 5, 1996.

Attorney(s) appearing for the Case

Thomas J. Jones, Tallahassee, Florida (Susan L. Turner, Holland & Knight, Tallahassee, Florida, Daniel J. King, Michael E. Norton, King & Spalding, New York City, on the brief), for Plaintiff-Appellant.

Laurence J. Kaiser, New York City (Fisher, Fischer & Berger, New York City, on the brief), for Defendant-Appellee.

Gregory B. Stites, Kansas City, Missouri, filed a brief, for amicus curiae National Association of Insurance Commissioners in support of Appellant.

Dennis Silverman, Tallahassee, Florida, filed a brief, for amicus curiae Florida Department of Insurance in support of Appellant.

Before: NEWMAN, Chief Judge, KEARSE, Circuit Judge, and WEXLER, District Judge.

KEARSE, Circuit Judge:

Plaintiff Eastern Air Lines, Inc. ("Eastern"), appeals from a final judgment of the United States District Court for the Southern District of New York, John E. Sprizzo, Judge, affirming an order of the bankruptcy court that dismissed Eastern's complaint against defendant The Insurance Company of the State of Pennsylvania ("ISOP") for the immediate refund of a premium overpayment under the terms of an insurance contract and of an additional...

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