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COUNCIL OF INS. AGENTS + BROKERS v. VIKEN

No. Civ. 04-3003.

408 F.Supp.2d 836 (2005)

2005 DSD 21

COUNCIL OF INSURANCE AGENTS + BROKERS, and James T. Joyce, Plaintiffs, v. Gary R. VIKEN, in his official capacity as South Dakota Secretary of Revenue and Regulation, and Gary Steuck, in his official capacity as Director of South Dakota Division of Insurance, Defendants.

United States District Court, D. South Dakota, Central Division.

November 29, 2005.

Attorney(s) appearing for the Case

Daniel S. Blynn, Scott Sinder, Collier Shannon Scott, PLLC, Washington, DC, David A. Gerdes, Michael F. Shaw, Robert B. Anderson, May, Adam, Gerdes & Thompson, Pierre, SD, for Plaintiffs.

James Ellis Moore, Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD, for Defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW, and OPINION-ORDER

KORNMANN, District Judge.

[¶ 1] Plaintiff ("Council") brought this suit against defendants alleging that certain requirements imposed by the State of South Dakota and enforced by the South Dakota Secretary of Revenue and Regulation and the Director of the South Dakota Division of Insurance are unconstitutional under the U.S. Constitution's Privileges and Immunities Clause.1

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