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WAGNER v. ORRICO

Nos. 98-2720, 98-2902.

178 F.3d 975 (1999)

L. Timothy WAGNER, Director of Insurance for the State of Nebraska as Liquidator of Great Plains Insurance Co., Great Plains Insurance Co., Inc. and as Liquidator of Regency Equities Reinsurance Company, Plaintiff-Appellee, v. Gennaro J. ORRICO; Colleen M. Orrico; Alfonso S. Giordano; Frank J. Licata; Defendants-Appellants. Robert W. Boughton; Defendant, Great Plains Capital Corporation; Metro General Agency; NEWCO, Inc.; London and American Insurance Company; American International Life & Casualty; Caribbean Auto Trading Company, Inc.; G & C Properties, Inc.; Defendants-Appellants, Jeffrey A. Silver; Investments International 1990, Ltd., Defendants. L. Timothy Wagner, Director of Insurance for the State of Nebraska as Liquidator of Great Plains Insurance Co. Inc. and as Liquidator of Regency Equities Reinsurance Company, Plaintiff-Appellee, v. Gennaro J. Orrico; Colleen M. Orrico; Alfonso S. Giordano; Frank J. Licata; Robert W. Boughton; Great Plains Capital Corporation; Metro General Agency; NEWCO, Inc.; London and American Insurance Company; American International Life & Casualty; Caribbean Auto Trading Company, Inc.; G & C Properties, Inc.; and Jeffrey A. Silver; Defendants. Investments International 1990, Ltd., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed May 21, 1999.

Attorney(s) appearing for the Case

Larry S. Gordon, Cleveland, Ohio, argued (J. Michael Murray, on the brief), for appellant Colleen Orrico.

A. Michael Bianchi, Omaha, Nebraska, argued, for remaining defendants.

Mark Novotny, Omaha, Nebraska, argued (Robert F. Craig, Omaha, Nebraska, on the brief), for appellee.

Before: BOWMAN and FAGG, Circuit Judges, and BOGUE, District Judge.

BOGUE, Senior District Judge.

This case arises from the liquidation by appellee of two casualty insurance companies—Great Plains Insurance Co., Inc. and Regency Equities Reinsurance Company. The appellants were involved in a scheme to divert funds from the now defunct insurance companies resulting in their financial ruin. As a result, the Director of Insurance for the state of Nebraska initiated liquidation proceedings and brought this action alleging federal...

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