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IN RE PRS INS. GROUP, INC.

Bankruptcy No. 00-4070 (MFW). Adversary No. 03-50408 (MFW).

294 B.R. 609 (2003)

In re PRS INSURANCE GROUP, INC., et al., Debtors. Sean C. Logan, in his capacity as Trustee of PRS Insurance Company, Inc., et al., Plaintiff, v. Credit General Insurance Co. and Credit General Indemnity Co., Defendants.

United States Bankruptcy Court, D. Delaware.

June 11, 2003.

Attorney(s) appearing for the Case

Maureen D. Luke, Esquire, Edward J. Kosmowski, Esquire, Matthew B. Lunn, Esquire, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE, Harold S. Horwich, Esquire, Thomas J. Hennessey, Esquire, Bingham, Dana LLP, Boston, MA, for Sean C. Logan, Chapter 11 Trustee for PRS Insurance Group, Inc.

Steven K. Kortanek, Esquire, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Wilmington, DE, for Ann H. Womer Benjamin, Superintendent of Insurance, Ohio Department of Insurance, in her capacity as Liquidator of Credit General Insurance Company and Credit General Indemnity Company.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of Credit General Insurance Company and Credit General Indemnity Company (collectively "CGIC") to dismiss an adversary proceeding brought against it by the Chapter 11 Trustee ("the Trustee") of PRS Insurance Group ("PRS"). CGIC asserts that dismissal is warranted for lack of subject matter jurisdiction and failure to state a claim...

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