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TENNESSEE EX. REL. SIZEMORE v. SURETY BANK

No. 98-11377.

200 F.3d 373 (2000)

State of TENNESSEE ex. rel. Douglas SIZEMORE, Commissioner of Commerce and Insurance of the State of Tennessee on behalf of policyholders and other third-party claimants of Anchorage Fire and Casualty Insurance Company a/k/a Global Capitol Assurance Company, Ltd., Plaintiff-Appellant, v. SURETY BANK, formerly known as Texas Bank, N.A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 2000.

Attorney(s) appearing for the Case

Joann Nanney Wilkins (argued), Larry Hallman, Burford & Ryburn, Dallas, TX, William W. Gibson, Andrew Bolter Campbell, Wyatt Tarrant & Combs, Nashville, TN, for Plaintiff-Appellant.

Kleber C. Miller (argued), Richard G. Williams, Shannon, Gracey, Ratliff & Miller, Sterling W. Steves, Lane, Ray, Wilson, Carr & Steves, Fort Worth, TX, for Defendant-Appellee.

Before DAVIS, JONES and MAGILL, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This case arises out of the insolvency of Anchorage Fire & Casualty Insurance Company ("Anchorage"), an Antiguan company engaged in the insurance business throughout California, Texas, Tennessee, and Georgia. Plaintiff Sizemore ("the Receiver") is the Commissioner of Commerce and Insurance for the State of Tennessee and is the appointed Conservator and Liquidator of all Anchorage assets. He brought this cause of action against Surety...

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