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ERIE INS. EXCHANGE v. ERIE INDEM. CO.

No. 13-1415.

722 F.3d 154 (2013)

ERIE INSURANCE EXCHANGE, an unincorporated association; Joseph S. Sullivan; Anita Sullivan; Patricia R. Beltz; Jenna L. Debord v. ERIE INDEMNITY COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 28, 2013.

Attorney(s) appearing for the Case

Steven B. Feirson [Argued], Michael L. Kichline , Donald C. Le Gower , Dechert LLP, Philadelphia, PA, Ira L. Podheiser , Burns White LLC, Pittsburg, PA, for Appellant, Erie Indemnity Company.

William M. Radcliffe, III [Argued], William M. Martin , Radcliffe & DeHaas LLP, Uniontown, PA, for Appellees, Erie Insurance Exchange, Joseph S. Sullivan, Patricia R. Beltz, Jenna L. Debord, and Anita Sullivan.

Before: FUENTES, CHAGARES and ROTH, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

We are asked to determine whether this case is a class action that belongs in federal court under the Class Action Fairness Act of 2005, Pub.L. No. 109-2, 119 Stat. 4 ("CAFA"). Erie Insurance Exchange ("Exchange") filed suit against its attorney-in-fact, Erie Indemnity Co. ("Indemnity"), in Pennsylvania state court, alleging that Indemnity misappropriated over $300 million in fees that belonged to Exchange. The...

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