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METROPOLITAN LIFE INS. CO. v. FORRESTER

Civ. 3424.

437 So.2d 535 (1983)

METROPOLITAN LIFE INSURANCE CO., et al. v. Tharpe FORRESTER, as Commissioner of Insurance of the Department of Insurance of the State of Alabama.

Court of Civil Appeals of Alabama.

Rehearing Denied June 1, 1983.

Certiorari Denied September 23, 1983.

Attorney(s) appearing for the Case

Richard F. Allen of Capell, Howard, Knabe & Cobbs and Henry B. Hardegree of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellants.

Phillip E. Stano, Gen. Counsel Dept. of Insurance, and Warren B. Lightfoot, E. Mabry Rogers, and E. Glenn Waldrop, Jr. of Bradley, Arant, Rose & White, Birmingham, Harry Cole and Robert W. Bradford, Jr. of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee/intervenors American Educators Life Ins. Co., et al.

Frank J. Kelley, Atty. Gen., and Louis J. Caruso, Sol. Gen., and Harry G. Iwasko, Jr. and William A. Chenoweth, Asst. Attys. Gen., of the State of Mich., for amicus curiae State of Mich.

Steven F. Freudenthal, Atty. Gen., and John W. Renneisen, Asst. Atty. Gen., of the State of Wyo., for amicus curiae State of Wyo.

Mark V. Meierhenry, Atty. Gen., and Douglas E. Kludt, Asst. Atty. Gen., of the State of S.D., for amicus curiae State of S.D.

Alabama Supreme Court 82-813, 82-825 & 82-851.

WRIGHT, Presiding Judge.

This is a constitutional challenge to the Alabama tax on insurance premiums brought as a result of the recent ruling of the United States Supreme Court in the case of Western and Southern Life Insurance Co. v. State Board of Equalization, 451 U.S. 648, 101 S.Ct. 2070, 68 L.Ed.2d 514 (1981).

Section 27-4-4, Code of Alabama 1975, imposes...

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