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DAVISTER CORP. v. UNITED REPUBLIC LIFE INS. CO.

No. 96-4063.

152 F.3d 1277 (1998)

DAVISTER CORPORATION, Plaintiff-Appellant, v. UNITED REPUBLIC LIFE INSURANCE COMPANY and Robert E. Wilcox, Utah Insurance Commissioner and Liquidator of United Republic Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 28, 1998.

Attorney(s) appearing for the Case

Mark R. Gaylord (Charles P. Sampson and Bruce T. Jones with him on the briefs), Suitter Axland, Salt Lake City, Utah, for Plaintiff-Appellant.

John P. Harrington (Valerie A. Longmire with him on the brief), Ray, Quinney & Nebeker, Salt Lake City, Utah, for Defendants-Appellees.

Before PORFILIO, LUCERO, and MURPHY, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

This case considers whether the district court erred by abstaining from enforcing arbitration of a dispute between Davister Corporation and the Liquidator of United Republic Life Insurance Company (United), an insurance company domiciled in Utah and currently under liquidation in insolvency proceedings in Utah state court. We believe this question must be resolved under the McCarran-Ferguson Act, not under other doctrines of abstention...

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