INSURERS' ACTION COUNCIL, INC. v. MARKMAN

No. 80-1522.

653 F.2d 344 (1981)

INSURERS' ACTION COUNCIL, INC., a Nebraska corporation; Woodmen Accident & Life Company, a Nebraska corporation; Time Insurance Company, a Wisconsin corporation; Mutual of Omaha Insurance Company, a Nebraska corporation; Business Men's Assurance Company of America, a Missouri corporation; The Midwest Life Insurance Company of Lincoln, Nebraska, a Nebraska corporation; Washington National Insurance Company, an Illinois corporation; Mutual Protective Insurance Company, a Nebraska corporation; American Republic Insurance Company, an Iowa corporation; American Home Assurance Company, a New York corporation; Illinois Mutual Life and Casualty Company, an Illinois corporation; Physicians Mutual Insurance Company, a Nebraska corporation, Appellants, v. Michael MARKMAN, Commissioner of Insurance, The Minnesota Department of Commerce, Insurance Division and the Minnesota Comprehensive Health Association, and United Cerebral Palsy, a Minnesota Epilepsy League, Minnesota Association for Retarded Citizens, Michael L. Berde and Carol T. Berde, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 9, 1981.

Rehearing and Rehearing Denied August 14, 1981.

Rehearing Denied August 27, 1981.


Attorney(s) appearing for the Case

Frank Claybourne, Eugene M. Warlich, Doherty, Rumble & Butler, St. Paul, Minn., Robert J. Schmit, Joseph R. Kernan, Jr., McGovern, Opperman & Paquin, Minneapolis, Minn., for appellants; H. Francis DeLone, Dechert, Price & Rhoads, Philadelphia, Pa., of counsel.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Chief Deputy Atty. Gen., Richard S. Slowes, Sp. Asst. Atty. Gen., Saint Paul, Minn., for State appellees.

Before ROSS, HENLEY and McMILLIAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 14, 1981.

PER CURIAM.

Appellants are eleven insurance companies and the Insurers' Action Council, Inc., a non-profit corporation consisting of twenty-four insurance companies. All are licensed to and engage in or have engaged in accident and health insurance business in Minnesota. They brought suit against Michael Markman, the Minnesota Commissioner of Insurance, and others, seeking a declaratory judgment that...

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