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Grode v. Mutual Fire

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: November 16, 1993.

GEORGE F. GRODE, INSURANCE COMMISSIONER OF THE COMMONWEALTH OF PENNSYLVANIA
v.
THE MUTUAL FIRE, MARINE AND INLAND INSURANCE COMPANY; CYNTHIA M. MALESKI, ACTING INSURANCE COMMISSIONER OF THE COMMONWEALTH OF PENNSYLVANIA, AS ACTING REHABILITATOR OF THE MUTUAL FIRE, MARINE AND INLAND INSURANCE COMPANY V. BRITTANY INSURANCE COMPANY; BELVEDERE UNDERWRITING AGENTS, LTD.; BELVEDERE UNDERWRITING AGENTS, LTD. FOR AND ON BEHALF OF BELVEDERE INSURANCE COMPANY, BRITTANY INSURANCE COMPANY, LTD., APPELLANT IN NO. 93-1128, BELVEDERE INSURANCE COMPANY, LTD., APPELLANT IN NO. 93-1129

D.C. Civ. Nos. 92-05954 & 92-05955 {Judge}{Q}Judges{/Q}{/Judge}

Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth, Lewis and Rosenn,*fn* Circuit Judges

Author: Scirica

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellee Cynthia M. Maleski, Insurance Commissioner of the Commonwealth of Pennsylvania, as Rehabilitator of the Mutual Fire, Marine and Inland Insurance Company in the above-entitled case having been submitted to the Judges who participated in the decision of this Court and to all the other available circuit Judges of the circuit in regular active service, and no Judge who concurred in the decision having asked for rehearing, and a majority of the circuit Judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the Court in banc, is denied.

BY THE COURT,

Anthony J. Scirica

Circuit Judge

Dated: NOV 16 1993

Disposition

Denied.


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