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LIBERTY MUT. INS. CO. v. BROWN

No. 03-30558.

380 F.3d 793 (2004)

LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation, Plaintiffs-Appellants, v. James H. BROWN, Douglas D. Green, Sherman A. Bernard, Sr., Duane Cowart, Wayne Ducote, Gail N. McKay, Jimmy Patterson, Edward Roberson, Charles Kirsch, Jr., Chris Faser, III, and Other as Yet Undetermined Individuals who are Members of the Louisiana Insurance Rating Commission, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 3, 2004.

Attorney(s) appearing for the Case

Thomas E. Balhoff, Judith R. Atkinson, Roedel, Parsons, Koch, Frost, Balhoff & McCollister, Daniel Joseph Balhoff (argued), Perry, Atkinson, Balhoff, Mengis & Burns, Baton Rouge, LA, for Plaintiffs-Appellants.

Christine J. Lipsey (argued), Breazeale, Sachse & Wilson, Baton Rouge, LA, for Defendants-Appellees.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Liberty Mutual Insurance Co. ("Liberty Mutual") sued the defendants, members of the Louisiana Insurance Rating Commission ("LIRC"), arguing that the rates for workers' compensation insurance set by the LIRC over a period of several years were confiscatory. Liberty Mutual argues that these rates thus constitute an impermissible taking without compensation in violation of the Fifth Amendment as incorporated by the Fourteenth. The district court...

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