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STATE, ETC. v. N. C. AUTO. RATE ADMIN. OFFICE

No. 7510INS929.

227 S.E.2d 621 (1976)

30 N.C. App. 477

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE v. NORTH CAROLINA AUTOMOBILE RATE ADMINISTRATIVE OFFICE et al.

Court of Appeals of North Carolina.

August 18, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Isham B. Hudson, Jr., Raleigh, for plaintiff.

Allen, Steed & Pullen, by Arch T. Allen and Lucius W. Pullen; Broughton, Broughton, McConnell & Boxley, by J. Melville Broughton, Jr., Manning, Fulton & Skinner, by Howard E. Manning; Young, Moore & Henderson, by R. Michael Strickland; and Bailey, Dixon, Wooten, McDonald & Fountain, by Wright T. Dixon, Jr., Raleigh, for defendants.

BROCK, Chief Judge.

Initially, the defendants argue that it was improper for the Commissioner to review the 1970 filing. We agree. A new filing was mandated by G.S. 58-30.3 and G.S. 58-30.4, and a review of the 1970 filing could serve no present purpose. The request of the Rate Office to be allowed to withdraw the 1970 filing should have been granted. Comr. of Insurance v. Rating Bureau, 29 N.C. App. 237,

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