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DALE v. COLAGIOVANNI

No. 04-60928.

443 F.3d 425 (2006)

George DALE, Commissioner of Insurance for the State of Mississippi, in his official capacity as Receiver of Franklin Protective Life Insurance Company, Family Guaranty Life Insurance Company, and First National Life Insurance Company of America; W. Dale Finke, Director of the Department of Insurance for the State of Missouri, in his official capacity as Receiver of International Financial Services Life Insurance Company; Kim Holland, Insurance Commissioner for the State of Oklahoma, in her official capacity as Receiver of Farmers and Ranchers Life Insurance Company; Julie Benafield Bowman, Insurance Commissioner for the State of Arkansas, in his official capacity as Receiver of Old Southwest Life Insurance Company; Paula A. Flowers, Commissioner of Commerce and Insurance for the State of Tennessee, in her official capacity as Receiver of Franklin American Life Insurance Company, Plaintiffs-Appellees, v. Emilio COLAGIOVANNI, et al., Defendants, Holy See, also known as Vatican City State, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 16, 2006.

Attorney(s) appearing for the Case

Charles G. Copeland, Copleand, Cook, Taylor & Bush, Ridgeland, MS, for all Plaintiffs-Appellees.

Alan F. Curley, Elizabeth J. Hubertz, Robert S. Michaels (argued), Robinson, Curley & Clayton, Chicago, IL, for Dale.

Jeffrey Stanley Lena (argued), Law Office of Jeffrey S. Lena, Berkeley, CA, W. Thomas McCraney, III, McCraney & Montagnet, Jackson, MS, for See.

Before REAVLEY, DAVIS and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff-Appellees, receivers for various insurance companies, brought suit against individuals and entities allegedly involved in a conspiracy to fraudulently acquire and loot the insurance companies. In their complaint, Plaintiffs alleged that the Holy See, also known as the Vatican City State, participated in the scheme through its agent Emilio Colagiovanni, and sought damages for RICO violations, civil conspiracy, common law fraud...

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