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VESTA FIRE INS. CORP. v. STATE OF FLA.

Nos. 96-3657, 97-2041.

141 F.3d 1427 (1998)

VESTA FIRE INSURANCE CORPORATION, Vesta Insurance Corp., Sheffield Insurance Corporation, an Alabama Corporation, Plaintiffs-Appellants, v. STATE OF FLORIDA, Tom Gallagher, in his capacity as Insurance Commissioner, State Board of Administration, Ash Williams, Jr., in his capacity as Executive Director, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 22, 1998.

Attorney(s) appearing for the Case

Mark A. Cohen, David J. Federbush, Andrea M. Wong, Karen Grossman Morton, Michael J. Prame, Mark A. Cohen & Associates, P.A., Miami, FL, Timothy G. Schoenwalder, Blank, Rigsby & Meenan, P.A., Tallahassee, FL, for Plaintiffs-Appellants.

George L. Waas, Asst. Atty. Gen., Tallahassee, FL, for Defendants-Appellees.

Dennis S. Silverman, Karen Asher-Cohen, Fla. Dept. of Ins., Tallahassee, FL, for Fla. Dept. of Ins. and Treasurer.

Charles A. Stampleos, McFalain, Wiley, Cassedy & Jones, P.A., Tallahassee, FL, for amicus NAII.

Before EDMONDSON and BIRCH, Circuit Judges, and FAY, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

Plaintiffs appeal the district court's grant of summary judgment in favor of Defendants. In evaluating cross-motions for summary judgment, the district court decided that no genuine issues of material fact existed and that judgment could be granted to Defendants as a matter of law on Plaintiffs' claims that recent Florida insurance legislation violated the Due Process, Taking, and Contract Clauses...

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