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ALLSTATE INS. CO. v. SERIO

Docket Nos. 00-7769(L), 00-7780(CON).

293 F.3d 95 (2002)

ALLSTATE INSURANCE COMPANY, Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company and GEICO Indemnity Co., Plaintiffs-Appellees, v. Gregory V. SERIO, in his capacity as Acting Superintendent of Insurance of the State of New York, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Certified July 23, 2001.

Decided April 30, 2002.

Decided: May 30, 2002.

Attorney(s) appearing for the Case

Penny Shane, Sullivan & Cromwell, NY, N.Y. for Plaintiff-Appellee Allstate Insurance Co. (Ellen V. Holloman on the brief).

William P. Maloney, Maloney & Porcelli, NY, NY, for Plaintiff-Appellee GEICO.

Deon J. Nossel, Assistant Solicitor General, for Eliot Spitzer, Attorney General of the State of New York (Michael S. Belohlavek, Deputy Solicitor General on the brief). Eugene R. Anderson, Anderson, Kill & Olick, NY, NY, for Amicus Curiae United Policyholders.

Before WALKER, Chief Judge, OAKES, and CALABRESI, Circuit Judges.

Certified to New York Court of Appeals: July 23, 2001.

Decided by New York Court of Appeals: April 30, 2002.

PER CURIAM.

Familiarity with the facts of this case, as set forth in this court's decision in Allstate Insurance Co. v. Serio, 261 F.3d 143 (2d Cir.2001), is assumed. In that decision, we certified four questions to the New York Court of Appeals: (1) Is Circular Letter 4 a valid interpretation of New...

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