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NATIONWIDE MUT. INS. CO. v. BROWNE

No. 415 C.D. 1981 and No. 465 C.D. 1981.

65 Pa.Commw. 236 (1982)

Nationwide Mutual Insurance Company, et al., Petitioners v. Michael L. Browne, Insurance Commissioner and the Insurance Department of the Commonwealth of Pennsylvania, Respondents. State Farm Mutual Automobile Insurance Company et al., Petitioners v. Michael L. Browne, Insurance Commissioner and the Insurance Department of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

March 10, 1982.

Attorney(s) appearing for the Case

Jeffrey B. Clay, with him David E. Lehman, and Eric L. Brossman, McNees, Wallace & Nurick, for petitioners, Nationwide Mutual Insurance Company et al.

James J. McCabe, with him Jane D. Elliott and Susan L. Claypoole, Duane, Morris & Heckscher, for petitioners, State Farm Mutual Automobile Insurance Company et al.

Hannah Leavitt, Assistant Counsel, with her Allen C. Warshaw, Deputy Attorney General and Anthony A. Geyelin, Chief Counsel, for respondents.

Argued December 15, 1981, before President Judge CRUMLISH, JR., and Judges MENCER, ROGERS, WILLIAMS, JR. and CRAIG.

OPINION BY JUDGE CRAIG, March 10, 1982:

These two actions, addressing our original jurisdiction with requests for declaratory and injunctive relief, relate to the order and adjudication of the Insurance Commissioner in the proceeding brought by Philip V. Mattes, the appeal from which we have concurrently decided in Hartford Accident and Indemnity Co. v. Insurance Commission, 65 Pa.Commw. 236,

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