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FARRIMOND v. STATE EX REL. FISHER

No. 93,564.

8 P.3d 872 (2000)

2000 OK 52

Michael FARRIMOND, Plaintiff-Appellee, v. STATE of Oklahoma, ex rel., Carroll FISHER, Insurance Commissioner, Defendant-Appellant, v. Carroll Fisher, Receiver of Mid-Continent Life Insurance Company, Intervenor-Appellee; National Organization of Life and Health Insurance Guaranty Associations, and National Association of Insurance Commissioners, Amicus Curiae.

Supreme Court of Oklahoma.

June 27, 2000.

Attorney(s) appearing for the Case

Neal Leader, Senior Assistant Attorney General, Oklahoma City, for Defendant-Appellant, State of Oklahoma ex rel. Carol Fisher, Insurance Commissioner.

John W. Norman, Emmanuel E. Edem, Alexander B. McNaughton, Thomas A. Wallace, John B. Norman, Charles F. Moser, Norman, Edem, McNaughton & Wallace, PLLC, Oklahoma City, and Stratton Taylor, Sean Burrage, Darrell W. Downs, Taylor, Burrage, Foster, Singal, Mallett & Downs, Claremore, for Plaintiff-Appellee.

Cheryl P. Hunter, James M. Reed, Pamela H. Goldberg, Hall, Estill, Hardwick, Gable, Golden & Nelson, Oklahoma City, for Intervenor-Appellee, Carroll Fisher, Receiver of Mid-Continent Life Insurance Company.

Noreen J. Parrett, Kendall W. Harrison, Christopher J. Wilcox, La Follette Godfrey & Kahn, Madison, WI, for Amicus Curiae, National Organization of Life and Health Insurance guaranty Associations.

Michael E. Surguine, National Association of Insurance Commissioners and Charles C. Green, McKinney & Stringer, Oklahoma City, for Amicus Curiae, National Association of Insurance Commissioners.

OPINION

WATT, Justice.

FACTS AND PROCEDURAL BACKGROUND

¶ 1 On July 19 1999, Plaintiff, Michael Farrimond, brought a declaratory judgment action against the Insurance Commissioner, Carroll Fisher. Plaintiff sought an order declaring that the records of Mid-Continent Life Insurance Company, which had come into the Insurance Commissioner's hands as the result of a court order that had named him...

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