LIBERTY MUT. INS. CO. v. LOUISIANA DEPT. OF INS.

No. 94-30428.

62 F.3d 115 (1995)

LIBERTY MUTUAL INSURANCE CO., et al., Plaintiffs-Appellees, v. The LOUISIANA DEPARTMENT OF INSURANCE, et al., Defendants, The Louisiana Department of Insurance, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 11, 1995.


Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen., Baton Rouge, LA, Christine Lipsey, Gordon A. Pugh, Breazeale, Sachse & Wilson, Baton Rouge, LA, for appellants.

Thomas E. Balhoff, Judith R.E. Atkinson, Mathews, Atkinson, Guglielmo, Marks & Day, Baton Rouge, LA, for appellees.

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Three insurers filed suit in federal court, alleging that Louisiana insurance regulators violated the federal and state constitutions by denying requested rate increases. The ratemakers sued in their individual capacities moved to dismiss or stay discovery, alleging legislative and qualified immunity. The magistrate judge allowed limited discovery on the legislative immunity issue, and the district court affirmed. We remand...

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