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HOME WARRANTY CORP. v. ELLIOTT

Civ. A. No. 83-230-WKS.

585 F.Supp. 443 (1984)

HOME WARRANTY CORPORATION, a mutual company, Home Owners Warranty Corporation, a Delaware corporation, and How Insurance Company, Plaintiffs, v. David H. ELLIOTT, Insurance Commissioner of the State of Delaware, Defendant.

United States District Court, D. Delaware.

April 27, 1984.

Attorney(s) appearing for the Case

Stephen E. Herrmann, Richards, Layton & Finger, Wilmington, Del., Hamilton H. Boykin, Peter C. Schaumber, Colton & Boykin, Washington, D.C., for plaintiffs.

Catherine S. Mulholland, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendant.

OPINION

STAPLETON, Chief Judge:

On April 25, 1983, plaintiffs Home Warranty Corporation, Home Owners Warranty Corporation, and How Insurance Company (collectively, HOW) brough this action against defendant David Elliott, Insurance Commissioner of the State of Delaware (the Commissioner), seeking declaratory and injunctive relief. HOW sought a temporary restraining order and preliminary injunction against the Commissioner's refusal to allow HOW to use its...

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