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DIXON v. NATIONWIDE MUT. INS. CO.

Nos. 84-2364(L), 84-2365 and 85-1106.

784 F.2d 1176 (1986)

Wesley E. DIXON, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Nationwide Mutual Fire Insurance Company, Nationwide Life Insurance Company, Nationwide General Insurance Company and Nationwide Property and Casualty Company, Appellees. Wesley E. DIXON, Appellee, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Nationwide Mutual Fire Insurance Company, Nationwide Life Insurance Company, Nationwide General Insurance Company and Nationwide Property and Casualty Company, Appellants. James Lee BECKHAM, formerly d/b/a Jim Beckham Insurance Company; Jasper N. Watson, Jr., Appellees, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Nationwide Mutual Fire Insurance Company, Nationwide General Insurance Company, Nationwide Property and Casualty Company, and Horace Mann Insurance Company, Horace Mann Life Insurance Company, and Educators Marketing Services Corporation, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1986.

Rehearing and Rehearing Denied March 25, 1986.

Attorney(s) appearing for the Case

Charles F. Cooper, II (David M. Ratchford; Ratchford & Cooper, Columbia, S.C., on brief), for appellant/cross-appellee in 84-2364, 83-2465 and for appellees in 85-1106.

Thornwell F. Sowell, III and R. Bruce Shaw (Joel H. Smith; Nelson, Mullins, Grier & Scarborough, Columbia, S.C., on brief), for appellees/cross-appellants in 84-2364, 84-2365 and for appellants in 85-1106.

Clinch Heyward Belser; Charles E. Baker; Belser, Baker, Barwick, Ravenel, Toal & Bender, Columbia, S.C., on brief, for appellants in 85-1106.

Benjamin A. Johnson; Roddey, Carpenter & White, Rock Hill, S.C., Brooks Goldsmith; Thomas, Goldsmith, Folks & Hodges, Lancaster, S.C., on brief for appellees in 85-1106.

Before PHILLIPS and SNEEDEN, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Rehearing and Rehearing In Banc Denied March 25, 1986.

SNEEDEN, Circuit Judge:

In this case we are asked to interpret a South Carolina insurance statute. We must also decide whether the statute is unconstitutional as an invalid exercise of the state's police power when applied to contracts arising after the statute's effective date.

The statute in question, section 38-37-940(2)1 of the South Carolina Code, forbids automobile...

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