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LEXINGTON NAT. INS. CORP. v. RANGER INS. CO.

No. 02-2635.

326 F.3d 416 (2003)

LEXINGTON NATIONAL INSURANCE CORPORATION, Appellant v. RANGER INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Filed April 17, 2003.

Attorney(s) appearing for the Case

David C. Dreifuss (argued), Nagel Rice Dreifuss & Mazie, Livingston, NJ, for Appellant.

Joseph P. LaSala (argued), Nancy McDonald, McElroy, Deutsch & Mulvaney, LLP, Morristown, NJ, for Appellee.

Before SCIRICA, GREENBERG, and GIBSON, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this court on appeal from an order entered May 23, 2002, granting defendant Ranger Insurance Company's ("Ranger") motion under Fed.R.Civ.P. 12(b)(6) to dismiss this action for failure to state a claim on which relief may be granted. In view of the procedural posture of the case we set forth the facts as alleged by the plaintiff, Lexington National Insurance...

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