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EMPLOYERS RESOURCE MANAGEMENT CO., INC. v. SHANNON

No. 94-2611.

65 F.3d 1126 (1995)

EMPLOYERS RESOURCE MANAGEMENT COMPANY, INCORPORATED; American Employers Benefit Trust, Plaintiffs-Appellants, v. Preston C. SHANNON, Commissioner; Theodore V. Morrison, Jr., Commissioner; H.W. Moore, Commissioner; Steven T. Foster, Commissioner of Insurance, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1995.

Attorney(s) appearing for the Case

ARGUED: Allan Jacques Graf, Farmer & Ridley, Los Angeles, CA, for appellants. Michael Don Thomas, Associate General Counsel, Office of General Counsel, State Corporation Commission, Richmond, VA, for appellees. ON BRIEF: Robert W. Ridley, Farmer & Ridley, Los Angeles, CA; John D. Epps, Steven W. Morris, LeClair, Ryan, Joynes, Epps & Framme, P.C., Richmond, VA, for appellants. Anthony Gambardella, General Counsel, Peter B. Smith, Senior Counsel, Office of General Counsel, State Corporation Commission, Richmond, VA, for appellees.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge MURNAGHAN and Senior Judge PHILLIPS joined.

OPINION

ERVIN, Chief Judge:

This case arises from an attempt by the State Corporation Commission of the Commonwealth of Virginia ("SCC" or "Commission") to apply state insurance licensing laws to employee welfare benefit plans established and maintained by Employers Resource Management ("ERM"). Both the Commission and ERM...

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