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STATE v. NATIONAL ASS'N OF INS. COMM'RS

No. 93-577.

875 P.2d 340 (1994)

The STATE of Montana, ex rel., the matter of Jack M. SCANLON, Petitioner and Appellant, v. NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS (NAIC), a Missouri Association, and Society of Financial Examiners, Inc. (SOFE), a Washington D.C. Corporation and Agency of NAIC, and Andrea "Andy" Bennett, State Auditor and Ex Officio Commissioner of Insurance Individually, and as an Associate of NAIC and SOFE, Respondents and Respondents.

Supreme Court of Montana.

Decided May 24, 1994.

Attorney(s) appearing for the Case

Leonard J. Haxby, Butte, for appellant.

Stuart L. Kellner, Stephen M. Frankino, Helena, for respondent.

NELSON Justice.

This is an appeal from an Order of the First Judicial District Court granting defendant/respondent's Society of Financial Examiners, Inc.'s (SOFE's) motion for summary judgement. We affirm.

Plaintiff/appellant, Jack Scanlon (Scanlon) presents five issues on appeal. Because of our holding, we need only discuss the following two issues:

1. Did the District Court err in determining that Scanlon failed to meet his burden of raising a genuine...

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