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WESTERN INS. CO. v. A AND H INS., INC.

No. 14-4065.

784 F.3d 725 (2015)

WESTERN INSURANCE COMPANY, Plaintiff-Appellee, v. A AND H INSURANCE, INC., a Nevada corporation; A and H Management, Inc., a Nevada corporation; Western Thrift & Loan, a Nevada Corporation; Dick Lavelle Rottman; Jean Marie Rottman; Janice Lynn Bowman; Richard Scott Rottman; Bradley Alan Pearce; Carol Beth Ingalls; Thomas Edward Geissler; Douglas Wayne Carsburg, Defendants-Appellants, and Donald Warren Winne, Defendant.

United States Court of Appeals, Tenth Circuit.

April 24, 2015.

Attorney(s) appearing for the Case

Brent D. Wride, ( Michael R. Johnson with him on the briefs), of Ray Quinney & Nebeker, P.C., Salt Lake City, UT, for Defendants-Appellants.

Scott M. Lilja, ( Gerald H. Suniville and Mary Jane E. Galvin-Wagg, with him on the briefs), of Van Cott, Bagley, Cornwall & McCarthy, P.C., Salt Lake City, UT, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, EBEL and TYMKOVICH, Circuit Judges.

This is an appeal from an order remanding an ancillary proceeding to state court. Western Insurance is insolvent and is being liquidated in Utah state court pursuant to the Utah Insurer Receivership Act. As a part of that liquidation, the Liquidator1 brought an ancillary proceeding against several...

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