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PRUDENTIAL PROP. AND CAS. CO. v. INS. COM'N, ETC.

Civ. A. No. 79-255-14.

534 F.Supp. 571 (1982)

The PRUDENTIAL PROPERTY AND CASUALTY COMPANY, Plaintiff, v. INSURANCE COMMISSION OF the SOUTH CAROLINA DEPARTMENT OF INSURANCE; John W. Lindsay, Chief Insurance Commissioner; South Carolina Reinsurance Facility, Defendants.

United States District Court, D. South Carolina, Columbia Division.

March 16, 1982.

Attorney(s) appearing for the Case

George E. Lafaye, III, Columbia, S.C., W. Francis Marion and Joseph J. Blake, Greenville, S.C., for plaintiff.

C. H. Jones and Victor S. Evans, L. Kennedy Boggs, E. W. Laney, III, and Thomas C. Salane, Columbia, S.C., for defendants.

WILKINS, District Judge.

This is an action tried without a jury in which Plaintiff seeks monetary damages and declaratory relief based upon a broad challenge to the constitutionality of the Plan of Operation by which profits and losses of the South Carolina Reinsurance Facility are apportioned among the members of the Facility. Plaintiff argues that the Facility's Plan of Operation should be declared null and void because it violates the Due Process and Equal Protection...

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