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MATTER OF SURCHARGE CLASSIFICATION 0133

655 A.2d 295 (1994)

In the Matter of SURCHARGE CLASSIFICATION 0133 BY the DELAWARE COMPENSATION RATING BUREAU, INC.

Superior Court of Delaware, New Castle County.

Decided: June 15, 1994.

Attorney(s) appearing for the Case

Thomas P. Preston, and Bonnie L. Wolfgang, Duane, Morris & Heckscher, Wilmington, for Delaware Compensation Rating Bureau, Inc., appellant.

Calvin L. Scott, Jr., Deputy Atty. Gen., Dept. of Justice, Wilmington, for the Ins. Com'r of the State of Delaware, appellee.

Clark W. Furlow, Smith, Katzenstein and Furlow, Wilmington, for the American Ins. Ass'n, the Alliance of American Insurers and the Nat. Ass'n of Independent Insurers, amici curiae.

OPINION

COOCH, Judge.

This is an appeal by the Delaware Compensation Rating Bureau, Inc. (DCRB) from a September 15, 1993 order of the Insurance Commissioner of the State of Delaware (the Commissioner) in which order the Commissioner determined that "Surcharge Classification 0133" ("the Surcharge") imposed on asbestos abatement companies by DCRB from April 11, 1988 to February 28, 1990 was unlawful...

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