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INSURANCE FEDERATION OF MINNESOTA v. HATCH

No. C5-85-594.

370 N.W.2d 636 (1985)

INSURANCE FEDERATION OF MINNESOTA, et al., Respondents, v. Michael A. HATCH, Commissioner of the Department of Commerce, State of Minnesota, Appellant.

Court of Appeals of Minnesota.

July 2, 1985.

Attorney(s) appearing for the Case

Wayne A. Hergott, Michael J. Ahern, Moss & Barnett, Minneapolis, for respondents.

Hubert H. Humphrey, III, Minnesota Atty. Gen., Alan I. Gilbert, John C. Bjork, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Heard, considered and decided by POPOVICH, C.J., and WOZNIAK and RANDALL, JJ.

OPINION

POPOVICH, Chief Judge.

The Commissioner of the Minnesota Department of Commerce appeals an order temporarily enjoining him from issuing certificates of coverage under the liquor liability assigned risk plan established by the department.

The Commissioner contends the issuance of the injunction was improper because the respondent insurance companies are unlikely to prevail on the merits of their claim. Both parties seek review of the denial...

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