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CHANEY v. DREYFUS SERVICE CORP.

No. 08-60555.

595 F.3d 219 (2010)

Mike CHANEY, Commissioner of Insurance for the State of Mississippi, in His Official Capacity as Receiver of Franklin Protective Life Ins. Company, Family Guaranty Life Ins. Company and First National Life Ins. Company of America; Leslie A. Newman, Commissioner of Commerce and Insurance for the State of TN, in her official capacity as Receiver of Franklin American Life Ins. Company; Kim Holland, Insurance Commissioner for the State of Oklahoma, in her official capacity as Receiver of Farmers and Ranchers Life Insurance Company in Liquidation; Julie Benafield Bowman, Insurance Commissioner for the State of Arkansas, in her official capacity as Receiver of Old Southwest Life Insurance Company; Linda Bohrer, Acting Director of the Department of Insurance, Financial Institutions and Professional Registration for the State of Missouri, in her official capacity as Receiver of International Financial Services Life Insurance Company, Plaintiffs-Appellants, v. DREYFUS SERVICE CORP., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 2010.

Attorney(s) appearing for the Case

Alan Francis Curley (argued); C. Philip Curley, Robinson, Curley & Clayton, P.C., Chicago, IL, for Chaney and Bowman.

Janet G. Arnold, Charles G. Copeland, Copeland, Cook, Taylor & Bush, P.A., Ridgeland, MS, for Chaney and Holland.

Andrew Bolter Campbell, William W. Gibson, Wyatt, Tarrant & Combs, LLP, Nashville, TN, Thomas C. Gerity, Wyatt, Tarrant & Combs, L.L.P., Jackson, MS, for Newman.

Susan B. Loving, Lester, Loving & Davies, Edmond, OK, for Holland.

Steve A. Uhrynowycz, Arkansas Ins. Dept. Liquidation Div., Little Rock, AR, for Bowman.

Douglas J. Schmidt, Husch, Blackwell, Sanders, L.L.P., Kansas City, MO, for Bohrer.

Paul H. Stephenson, III (argued), William F. Goodman, Jr., William Frederick Ray, James Grant Sellers, Watkins & Eager, P.L.L.C., Jackson, MS, for Dreyfus Serv. Corp.

Before JOLLY, DeMOSS and PRADO, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

I

Plaintiffs, receivers of seven insurance companies (the "Receivers"), appeal the grant of summary judgment in favor of Dreyfus Service Corporation ("DSC"). Throughout the 1990s the insurance companies' assets were looted through a complex fraud scheme perpetrated by the now infamous felon, Martin Frankel. In the underlying suit, the Receivers sought to impose tort and civil RICO liability on DSC, the investment company through...

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