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CHARTER RISK RETENTION GROUP INS. CO. v. ROLKA

Civ. A. No. 1:CV-92-236.

796 F.Supp. 154 (1992)

CHARTER RISK RETENTION GROUP INSURANCE COMPANY, Plaintiff, v. David W. ROLKA, Joseph Rhodes, Jr., and Wendell F. Holland, Commissioners, Public Utility Commission, Defendants.

United States District Court, M.D. Pennsylvania.

June 11, 1992.

Attorney(s) appearing for the Case

M. Hannah Leavitt, Andrew S. Gordon, Buchanan Ingersoll P.C., Harrisburg, Pa., for plaintiff.

H. Kirk House, John F. Povilaitis, John E. Herzog, Harrisburg, Pa., for defendants.

Philip C. Olsson, David L. Durkin, Olsson, Frank & Weeda, P.C., Washington, D.C., amicus National Risk Retention Ass'n.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction

Plaintiff, Charter Risk Retention Group Insurance Company, seeks a declaratory judgment that defendants' enforcement of section 512 of the Pennsylvania Public Utility Code (the Code), 66 Pa.C.S. § 512, and certain regulations of the Pennsylvania Public Utility Commission (the Commission), 52 Pa.Code § 32.11, is unconstitutional and in violation of the Liability Risk Retention...

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