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GERLING GLOBAL REINSURANCE CORP. v. GALLAGHER

No. 00-16542.

267 F.3d 1228 (2001)

GERLING GLOBAL REINSURANCE CORPORATION OF AMERICA, d.b.a. Gerling Global Reinsurance Corporation — U.S. Branch, Gerling Global Life Reinsurance Company, etc., et al., Plaintiffs-Appellees, v. Tom GALLAGHER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED October 2, 2001.

Attorney(s) appearing for the Case

Louis F. Hubener, State of Florida, Office of Atty. Gen., Tallahassee, FL, for Defendant-Appellant.

John R. Beranek, John K. Aurell, Martin B. Sipple, Ausley & McMullen, Tallahassee, FL, Frederick W. Reif, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City, for Plaintiffs-Appellees.

Mark. B. Stern, Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, for Federal Republic of Germany, United States of America, Amici Curiae.

Samuel J. Dubbin, Dubbin & Kravetz, LLP, Miami, FL, Douglas Hallward-Driemeier, U.S. Dept. of Justice, Washington, DC, J. Stephen Menton, Rutledge, Ecenia, Purnell & Hoffman, P.A., Tallahassee, FL, for American Insurance Ass'n, Thomas Weiss, Arthur Faulk, Holocaust Survivors Club Coalition of South Florida, Amici Curiae.

Before CARNES and MARCUS, Circuit Judges, and PROPST, District Judge.

MARCUS, Circuit Judge:

Defendant Tom Gallagher (the "Commissioner"), in his capacity as the Insurance Commissioner of the State of Florida, appeals the district court's entry of summary judgment against him on the Plaintiffs' challenge to the constitutionality of Florida's Holocaust Victims Insurance Act, Fla. Stat. § 626.9543 (the "Act"). Plaintiffs — several insurers operating in Florida with corporate affiliations to German insurers who may have issued...

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