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GERLING GLOBAL REINSURANCE OF AMER. v. GARAMENDI

Nos. 04-15332, 04-15455.

410 F.3d 531 (2005)

GERLING GLOBAL REINSURANCE CORPORATION OF AMERICA, U.S. Branch; Gerling Global Life Reinsurance Company; Gerling Global Life Insurance Company; Gerling America Insurance Company; Constitution Insurance Company; Revios Reinsurance Canada, Ltd.; Revios Reinsurance U.S., Inc.; Assicurazioni Generali S.P.A.; American Insurance Association; American Re-Insurance Company, Plaintiffs-Appellants, and Winterthur International America Insurance Company; Winterthur International America Underwriters Insurance Company; General Casualty Company of Wisconsin; Regent Insurance Company; Republic Insurance Company; Southern Insurance Company; Unigard Indemnity Company; Unigard Insurance Company; Blue Ridge Insurance Co., Plaintiffs, v. John GARAMENDI, in his capacity as the Insurance Commissioner of the State of California, Defendant-Appellee. American Insurance Association; American Re-Insurance Company, Plaintiffs-Appellants, v. John Garamendi, in his capacity as the Insurance Commissioner of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2005.

Amended June 3, 2005.

Attorney(s) appearing for the Case

Charles A. Rothfeld, Mayer, Brown, Rowe & Maw, LLP, Washington, D.C., for the plaintiffs-appellants.

Frank Kaplan, Alschuler Grossman Stein & Kahan, LLP, Santa Monica, CA, Leslie Tick, California Department of Insurance, San Francisco, CA; and Andrew W. Stroud, Mennemeier, Glassman & Stroud LLP, Sacramento, CA, for the defendant-appellee.

Before GOODWIN, GRABER, and PAEZ, Circuit Judges.

ORDER

The opinion filed March 10, 2005, slip op. 3137 and appearing at 400 F.3d 803 (9th Cir.2005), is amended as follows:

400 F.3d at 809 (slip op. at 3150, 10th line from the bottom of the page): Following the citation at the end of the sentence, "We conclude that the unaddressed due process and Commerce Clause claims ... pass the `substantiality' test and therefore support an award of fees to the plaintiffs," add the...

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