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NATIONAL MARKET REPORTS, INC. v. BROWN

No. CA 76-0411, CH.

443 F.Supp. 1301 (1978)

NATIONAL MARKET REPORTS, INC., Plaintiff, v. Donald W. BROWN, the Insurance Commissioner of West Virginia, Defendant.

United States District Court, S. D. West Virginia, Charleston Division.

January 18, 1978.

Attorney(s) appearing for the Case

Herbert W. Bryan, Charleston, W. Va., Robert A. Saltzstein, William L. Fallon, Stephen M. Feldman, Wyatt & Saltzstein, Washington, D. C., for plaintiff.

William D. Highland, Asst. Atty. Gen., Chauncey H. Browning, Jr., Atty. Gen., Charleston, W. Va., for defendant.

Before FIELD, Senior Circuit Judge, HALL, Circuit Judge, and KNAPP, Chief District Judge.

FIELD, Senior Circuit Judge:

National Market Reports, Inc. (NMR), which publishes and distributes nationally a "Red Book" of used car values, brought this action to enjoin the operation, enforcement or execution of Section 33, Article 6, Chapter 33 of the Code of West Virginia (as amended, 1976), which provides:

Value of motor vehicles involved in claim. Insurance companies doing business in this State shall use the most recent publication...

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