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LIBERTY MUTUAL INSURANCE COMPANY v. HURLBUT

Docket No. 09-1215-cv.

585 F.3d 639 (2009)

LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Fire Insurance Company, Liberty Insurance Corporation, LM Insurance Company, Employers Insurance Company of Wausau, Wausau Business Insurance Company, Wausau General Insurance Company, Wausau Underwriters Insurance Company, Peerless Insurance Company, Peerless Indemnity Insurance Company, The Netherlands Insurance Company, Excelsior Insurance Company, The American Fire and Casualty Company, The Ohio Casualty Insurance Company, Plaintiffs-Appellants, v. Robert H. HURLBUT, Donald T. Decarlo, C. Scott Bowen, John F. Carpenter, Denis M. Hughes, Charles L. Loiodice, William A. O' Loughlin Jr., Kenneth R. Theobalds, Patricia Smith, In Their Official Capacities as the Commissioners of the New York State Insurance Fund, Zachary S. Weiss, Donna Ferrara, Mona A. Bargnesi, Richard A. Bell, Geraldine Chapey, Candace K. Finnegan, Scott C. Firestone, Agatha Edel Groski, Karl A. Henry, Mark D. Higgins, Frances M. Libous and Ellen O. Paprocki, In Their Official Capacities as Members of the New York State Workers Compensation Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 4, 2009.

Attorney(s) appearing for the Case

Evan Glassman, Steptoe & Johnson LLP, New York, NY, for Plaintiffs-Appellants.

Mark F. Horning, Jeffrey M. Theodore, Mark F. Horning, Steptoe & Johnson LLP, Washington D.C., for Plaintiffs-Appellants.

Steven C. Wu (on behalf of Andrew M. Cuomo, New York State Attorney General; Barbara K. Hathaway, on the brief), for Defendants-Appellees.

Before: MINER, LIVINGSTON, Circuit Judges, and TRAGER, District Judge.

MINER, Circuit Judge:

Plaintiffs-appellants Liberty Mutual Insurance Company and affiliated companies ("Liberty Mutual") appeal from a judgment entered in the United States District Court for the Southern District of New York (Chin, J.) in favor of defendants-appellees, Commissioners of the Workers' Compensation Board of the State of New York (the "Board") and Trustees of the New York State Insurance Fund (the "Trustees"...

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