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AUDUBON INS. CO. v. BERNARD

No. 82-CA-2744.

434 So.2d 1072 (1983)

AUDUBON INSURANCE COMPANY Louisiana Farm Bureau Mutual Insurance Company, Southern Farm Bureau Casualty Insurance Company, Cumis Insurance Society, Inc., MFA Mutual Insurance Company, Allstate Insurance Company and State Farm Mutual Automobile Insurance Company v. Sherman H. BERNARD, As Commissioner of Insurance and as Ex-Officio Chairman of the Louisiana Insurance Rating Commission, State of Louisiana, through the Honorable William J. Guste, Jr., Attorney General, Mary Evelyn Parker, Treasurer, and Shirley McNamara, Secretary of the Department of Revenue and Taxation. AETNA CASUALTY AND SURETY CO., et al. v. Sherman H. BERNARD, et al.

Supreme Court of Louisiana.

June 27, 1983.

Attorney(s) appearing for the Case

Ben C. Toledano, Gerald J. Gallinghouse, Margaret A. Bretz, Porteous, Toledano, Hainkel & Johnson, New Orleans, Louis D. Curet, D'Amico & Curet, Baton Rouge, for plaintiff-appellees.

Ben L. Day, Owen, Richardson, Taylor, Matthews & Atkinson, William G. Whatley, Law Firm of Theodore L. Jones, Jr., Baton Rouge, for intervenors-appellees.

William C. Toadvin, John L. Avant, Daniel Avant, Wallace A. Hunter, Baton Rouge, for defendants-appellants.

DENNIS, Justice.

The plaintiff insurance companies sue for judgment declaring unconstitutional Act 434 of the 1979 Regular Session of the Legislature. They claim that Act 434 is a nullity because the circumstances of its enactment violated the constitutional requirements that a statute levying a new tax or increasing an existing tax (1) be enacted by a vote of two-thirds of the elected members of each house, and (2) not be enacted during a regular session held in...

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