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KATT v. DYKHOUSE

No. 92-1187.

983 F.2d 690 (1992)

Peter C. KATT, Plaintiff-Appellant, v. David DYKHOUSE, Michigan Commissioner of Insurance and Frank J. Kelley, Attorney General of Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 23, 1992.

Attorney(s) appearing for the Case

Paul R.Q. Wolfson (argued and briefed), Public Citizen Litigation Group, Washington, DC, for plaintiff-appellant.

Harry G. Iwasko, Jr., E. John Blanchard, Asst. Atty. Gen. (argued and briefed), Lansing, MI, for defendants-appellees.

Before: GUY and BATCHELDER, Circuit Judges; and LIVELY, Senior Circuit Judge.

RALPH B. GUY, Jr., Circuit Judge.

The plaintiff, a financial planner, filed this First Amendment action after the Michigan Insurance Commissioner declared that Michigan law bars the plaintiff from providing his clients with certain information concerning the availability of life insurance commission rebates in Florida. The district court held that the First Amendment claim is barred by res judicata because the plaintiff could have advanced it during an earlier...

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