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OPHTHALMIC MUT. INS. CO. v. MUSSER

No. 97-1347.

143 F.3d 1062 (1998)

OPHTHALMIC MUTUAL INSURANCE COMPANY, (a Risk Retention Group), Plaintiff-Appellant, v. Josephine MUSSER, Commissioner of Insurance, State of Wisconsin, and the Wisconsin Patients Compensation Fund, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 7, 1998.

Attorney(s) appearing for the Case

Brian W. McGrath (argued), Foley & Lardner, Milwaukee, WI, for Plaintiff-Appellant.

Laura Sutherland (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.

Before CUDAHY, COFFEY and EVANS, Circuit Judges.

COFFEY, Circuit Judge.

Plaintiff-appellant Ophthalmic Mutual Insurance Company ("OMIC"), a risk retention group (RRG), brought suit against Josephine Musser, in her capacity as Commissioner of Insurance of the State of Wisconsin, and the Wisconsin Patients Compensation Fund, asking the federal district court to declare that § 655.23, Wis. Stats., was preempted by the federal Liability Risk Retention Act of 1986 ("LRRA"), 15 U.S.C. §§ 3901-3906. The...

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