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PHOENIX MUT. LIFE INS. CO. v. INSURANCE DEPT., ETC.

No. 80 Civ. 1051 (JMC).

500 F.Supp. 2 (1980)

PHOENIX MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. INSURANCE DEPARTMENT OF the STATE OF NEW YORK, and Albert B. Lewis, as Superintendent of Insurance of the State of New York, Defendants.

United States District Court, S. D. New York.

March 31, 1980.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae, New York City (Taylor R. Briggs, Howard S. Ockman and Eric A. Savage, New York City, of counsel), for plaintiff.

Robert Abrams, Atty. Gen. of the State of New York, New York City (Robert S. Hammer, Asst. Atty. Gen., of counsel), for defendants.

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Motion for a preliminary injunction, enjoining the defendant during the pendency of this action from enforcing Section 219.4(h) of Regulation 34A of the Insurance Department of the State of New York, 11 N.Y.C.R.R. § 219.4(h), against the plaintiff, is granted. Fed.R.Civ.P. 65(a).

By Order to Show Cause issued on February 22, 1980, (Haight, D. J.), plaintiff brought on the instant application for...

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