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N. C. FIRE INS. RATING BUREAU v. INGRAM

No. 7510SC621.

224 S.E.2d 229 (1976)

29 N.C. App. 338

NORTH CAROLINA FIRE INSURANCE RATING BUREAU v. John Randolph INGRAM, Commissioner of Insurance for the State of North Carolina.

Court of Appeals of North Carolina.

May 5, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Isham B. Hudson, Jr., Raleigh, for appellant, Commissioner of Insurance.

William T. Joyner and James E. Tucker, Raleigh, for plaintiff, North Carolina Fire Insurance Rating Bureau.

CLARK, Judge.

The pivotal question on appeal is whether the Superior Court had jurisdiction to act on the motion by the Bureau for an injunction. We find that it did not have such jurisdiction. The procedure for appeal from orders of the Commissioner of Insurance is set out in Chapter 58, Insurance, of the General Statutes. G.S. 58-9.3(a) provides in part as follows:

"Any order or decision made, issued or executed by the Commissioner, except an order...

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