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NATIONAL WARRANTY INS. CO. RRG v. GREENFIELD

No. 98-36054.

214 F.3d 1073 (2000)

NATIONAL WARRANTY INSURANCE COMPANY RRG, a Risk Retention Group, Plaintiff-Appellee, v. Mike GREENFIELD, Director, Department of Consumer and Business Services of the State of Oregon, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2000

Attorney(s) appearing for the Case

Denise Fjordbeck, Assistant Attorney General, Salem, Oregon, for the defendant-appellant.

M. Hannah Leavitt (argued), P. Kevin Brobson, Buchanan Ingersoll, Professional Corporation, Harrisburg, Pennsylvania, and Bruce A. Rubin, Miller Nash LLP, Portland, Oregon (on the brief), for the plaintiff-appellee.

Before: KLEINFELD and FLETCHER, Circuit Judges, and MANELLA, District Judge

W. FLETCHER, Circuit Judge:

This case concerns the scope of federal preemption of state laws regulating a type of liability insurer known as a risk retention group ("RRG"). The federal government has preempted most state regulation of RRGs under the Product Liability Risk Retention Act of 1981 ("PLRRA"), as amended by the Liability Risk Retention Act of 1986 ("LRRA"). 15 U.S.C. §§ 3901-3906. Under the Oregon Service Contract Act, the state of Oregon prohibits...

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