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PRUDENTIAL PROP. & CAS. INS. v. INS. COM'N OF S.C.

No. 82-1346.

699 F.2d 690 (1983)

The PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. INSURANCE COMMISSION OF the SOUTH CAROLINA DEPARTMENT OF INSURANCE, Rogers T. Smith, Chief Insurance Commissioner, South Carolina Reinsurance Facility, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Joseph J. Blake, Greenville, S.C. (W. Francis Marion, Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S.C., on brief), for appellant.

Thomas C. Salane, Columbia, S.C. (Turner, Padget, Graham & Laney, P.A., L. Kennedy Boggs, Gen. Counsel, Columbia, S.C., South Carolina Dept. of Ins. on brief), for appellees.

Before HALL and MURNAGHAN, Circuit Judges, and MICHAEL, District Judge.

K.K. HALL, Circuit Judge:

The Prudential Property and Casualty Insurance Company (Prupac) filed this action for monetary damages and declaratory relief against the Insurance Commission of the South Carolina Department of Insurance (the Commission), the State Insurance Commissioner, and the South Carolina Reinsurance Facility, claiming that the insurance regulatory scheme of the state's Automobile Reparation Reform Act of 1974, S.C. Code §§ 38-37-10 et...

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