(Download) "Abish v. Northwestern National Insurance Co." by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Abish v. Northwestern National Insurance Co.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 23, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
TIMBERS, Circuit Judge Appellant Northwestern National Insurance Company of Milwaukee, Wisconsin (Northwestern) appeals from an order entered July 11, 1990 in the Southern District of New York, Leonard B. Sand, District Judge, denying its motion for quia timet and exoneration relief. In re Gas Reclamation, Inc. Sec. Litig., 741 F. Supp. 1094 (S.D.N.Y. 1990). On appeal, Northwestern contends that the district court erred in denying it quia timet and exoneration relief -- forms of equitable relief said to be traditionally available to sureties. It contends that, having satisfied the requisite elements for those forms of relief as against the principals, appellees Abish, Bard, Katz, Rudes, and Breese Investors (collectively appellees or investors), it was entitled to enforcement as a matter of law. In raising this claim of error on appeal, Northwestern contends that we may exercise appellate jurisdiction pursuant to 28 U.S.C. ร§ร§ 1291 and 1292(a)(1) (1988). On the other hand, the investors contend that the district court properly denied appellant's motion for quia timet and exoneration relief. The investors filed a separate motion to dismiss this appeal, contending that we lack appellate jurisdiction.