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COUNCIL OF INS. AGENTS & BROKERS v. MOLASKY-ARMAN

No. 04-17271.

522 F.3d 925 (2008)

COUNCIL OF INSURANCE AGENTS & BROKERS and Rebecca Restrepo, Plaintiffs-Appellees, v. Alice A. MOLASKY-ARMAN, in her official capacity as Nevada Commissioner of Insurance, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2008.

Attorney(s) appearing for the Case

George H. Taylor and Robert Auer, Deputy Attorneys General of the State of Nevada, Carson City, NV, for the defendant-appellant.

Scott A. Sinder, Alysa N. Zeltzer, and Daniel S. Blynn, Collier Shannon Scott, PLLC, Washington, DC, for the plaintiffs-appellees.

Daniel F. Polsenberg, Lawrence Epstein, and Heidi Parry Stern, Beckley Singleton, Chtd., Las Vegas, NV, for the plaintiffs-appellees.

Before: MELVIN BRUNETTI, DIARMUID F. O'SCANNLAIN, and STEPHEN S. TROTT, Circuit Judges.

BRUNETTI, Circuit Judge:

On cross-motions for summary judgment, the district court declared Nevada's "countersignature" statute, Nev.Rev.Stat. § 680A.300, unconstitutional, holding that it violates the Privileges and Immunities Clause of Article IV and the Equal Protection Clause of the Fourteenth Amendment. 358 F.Supp.2d 981, 982-83. The district court stayed its injunction pending appeal, and Defendant-Appellant Alice...

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