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NORTH CAROLINA AUTO. RATE, ETC. v. INGRAM

No. 7710SC73.

242 S.E.2d 205 (1978)

35 N.C. App. 578

NORTH CAROLINA AUTOMOBILE RATE ADMINISTRATIVE OFFICE, Nationwide Mutual Insurance Company, Allstate Insurance Company, Travelers Indemnity Company, the Aetna Casualty and Surety Company, United States Fire Insurance Company, United States Fidelity and Guaranty Company, Lumbermens Mutual Casualty Company, Saint Paul Fire and Marine Insurance Company, Shelby Mutual Insurance Company, and American Motorists Insurance Company, Petitioners, v. John Randolph INGRAM, Commissioner of Insurance for the State of North Carolina, Respondent.

Court of Appeals of North Carolina.

March 21, 1978.

Attorney(s) appearing for the Case

Allen, Steed & Allen by Thomas W. Steed, Jr., Broughton, Broughton & Boxley by Melville Broughton, Jr., Sanford, Cannon, Adams & McCullough by Charles C. Meeker, Raleigh, for petitioners-appellees.

Atty. Gen. Rufus L. Edmisten by Isham B. Hudson, Jr., Asst. Atty. Gen., Raleigh, for respondent-appellant.

PARKER, Judge.

The initial question presented by this appeal is whether the Superior Court had subject matter jurisdiction of the petition for review under G.S. 58-9.3. We hold that it did. As pertinent to that question, G.S. 58-9.3(a) and G.S. 58-9.4 provide:

G.S. 58-9.3. Court review of orders and decisions.—(a) Any order or decision made, issued or executed by the Commissioner, except an order to make good an impairment of capital or surplus...

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