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INTERNATIONAL INS. CO. v. DURYEE

Nos. 95-3602, 95-3603.

96 F.3d 837 (1996)

INTERNATIONAL INSURANCE COMPANY, Plaintiff-Appellee, v. Harold T. DURYEE, in his capacity as Superintendent of Insurance of the Ohio Department of Insurance, Defendant, Bridgestone/Firestone, Inc., Proposed Intervenor/Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 24, 1996.

Attorney(s) appearing for the Case

Robert L. Eblin, Schwartz, Kelm, Warren & Ramirez, Columbus, OH, Frank J. Cumberland (briefed), Craig P. Kvale, Kaufman & Cumberland, Cleveland, OH, Karl D. Belgum, Wynne S. Carvill (argued), Thelen, Marrin, Johnson & Bridges, San Francisco, CA, for Plaintiff-Appellee.

Kathleen B. Burke (argued and briefed), Jones, Day, Reavis & Pogue, Cleveland, OH, Barbara B. McDowell (briefed), Jones, Day, Reavis & Pogue, Washington, DC, for Proposed Intervenor/Defendant-Appellant.

Robert P. Rutter (briefed), Cleveland, OH, for Amicus Curiae Ohio Academy of Trial Lawyers.

Irene C. Keyse-Walker (briefed), Arter & Hadden, Cleveland, OH, for Amicus Curiae Ohio Association of Civil Trial Attorneys.

Before: MERRITT, Chief Judge; COLE, Circuit Judge; DUGGAN, District Judge.

MERRITT, Chief Judge.

The state statute whose constitutionality is at issue in this case, Ohio Revised Code § 3927.05, effectively prohibits out-of-state insurance companies from removing cases from state to federal court by barring such companies from further business in Ohio. It reads in relevant part:

If any foreign insurance company ... doing business in this state makes an application for a change of venue, or applies to remove a suit begun in a...

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