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STATE EX REL. COM'R v. NORTH CAROLINA AUTO. RATE ADMINISTRATIVE OFFICE

No. 89.

239 S.E.2d 48 (1977)

293 N.C. 365

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

Supreme Court of North Carolina.

November 11, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Isham B. Hudson, Jr., Hunter & Wharton by John V. Hunter, III, Raleigh, for plaintiff-appellant.

Allen, Steed & Allen, P.A. by Arch T. Allen, Lucius W. Pullen, Thomas W. Steed, Jr., and Arch T. Allen, III, Broughton, Broughton, McConnell & Boxley, P.A. by J. Melville Broughton, Jr., Young, Moore, Henderson & Alvis by Charles H. Young, Young, Moore & Henderson by R. Michael Strickland, Manning, Fulton & Skinner by Howard E. Manning, Raleigh, for defendant-appellees.

William T. Joyner, Raleigh, Attorney for North Carolina Fire Insurance Rating Bureau as amicus curiae.

EXUM, Justice.

This appeal raises questions regarding the validity of two orders entered by the Commissioner for the purpose of implementing General Statutes 58-30.3 and 58-30.4.3

In essence these statutes, introduced in the General Assembly and hereinafter referred to as House Bill 28, sought to prohibit the use of age or sex as criteria for rating operators of private passenger automobiles...

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