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ALLSTATE INS. CO. v. ABBOTT

No. 06-10500.

495 F.3d 151 (2007)

ALLSTATE INSURANCE COMPANY and Sterling Collision Centers, Inc., Plaintiffs-Appellants-Cross-Appellees, v. Greg ABBOTT, in his official capacity as Attorney General of Texas, and Susan Combs, in her official capacity as Texas Comptroller of Public Accounts, Defendants-Appellees-Cross-Appellants, v. Automotive Service Association and Consumer Choice for Autobody Repair, Intervenors-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

August 1, 2007.

Attorney(s) appearing for the Case

Kenneth Winston Starr (argued), Kirkland & Ellis, Los Angeles, CA, Colin Kass, Tefft W. Smith, Kirkland & Ellis, Washington, DC, Orrin L. Harrison, III, William Henry Church, Jr., Cara Foos Pierce, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for Allstate Ins. Co. and Sterling Collision Centers, Inc.

Don Cruse (argued), Austin, TX, for Greg Abbott and Susan Combs.

Michael Vance Powell (argued), Thomas George Yoxall, William Scott Hastings, Locke, Liddell & Sapp, Dallas, TX, for Automotive Service Ass'n and Consumer Choice for Auto Body Repair.

Glenn Paul Orgeron, Lisa Ann Easterling, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, New Orleans, LA, for Property Casualty Insurers Ass'n of America, Amicus Curiae.

Before KING, DAVIS, and BARKSDALE, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Allstate Insurance Co. ("Allstate") and Sterling Collision Centers, Inc. ("Sterling") brought this action against Greg Abbott and Susan Combs as Defendants in their official capacities as Attorney General of Texas and Texas Comptroller of Public Accounts (collectively "State Defendants")1 to challenge a Texas statute known as House Bill 1131 (codified as Tex. Occ.Code § 2307.001, et seq.). H.B. 1131...

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