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MATTER OF SMITH v. WIKLER

10 A.D.2d 195 (1960)

In the Matter of Kenneth O. Smith, as Treasurer of New York Fire Insurance Rating Organization, Petitioner, v. Julius S. Wikler, as Superintendent of Insurance of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 30, 1960.

Attorney(s) appearing for the Case

Powers, Kaplan & Berger (George I. Gross, Abraham Kaplan and Richard Wolfe of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Paxton Blair, Samuel A. Hirshowitz and George K. Bernstein of counsel), for Superintendent of Insurance, respondent.

Tobin & O'Brien (W. Perry Epes of counsel), for North America Companies and others, respondents.

Lord, Day & Lord (Charles W. Merritt and Jack P. Jefferies of counsel), for American Casualty Company of Reading, Pennsylvania, respondent.

Davis Polk Wardwell Sunderland & Kiendl for Chubb & Son, Inc., amicus curiæ.

Aranow, Brodsky, Bohlinger, Einhorn & Dann for National Association of Independent Insurers, amicus curiæ.

BERGAN, P. J., COON, GIBSON and HERLIHY, JJ., concur.

REYNOLDS, J.

This is a proceeding under article 78 of the Civil Practice Act brought by Kenneth O. Smith, as treasurer of the New York Fire Insurance Rating Organization hereafter referred to as NYFIRO to review a determination of the Superintendent of Insurance. The respondent insurance companies who are subscribers to the rating services of NYFIRO for fire and extended coverage insurance filed independent rates...

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