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NORWOOD A. McDANIEL AG. v. FOSTER

No. 25 C.D. 1988.

117 Pa.Commw. 227 (1988)

543 A.2d 155

Norwood A. McDaniel Agency, Petitioner v. Constance B. Foster, Insurance Commissioner, Commonwealth of Pennsylvania and The Aetna Casualty and Surety Company, Respondents.

Commonwealth Court of Pennsylvania.

February 1, 1988.

Attorney(s) appearing for the Case

Michael A. Dillon, with him, William R. Balaban, Balaban & Balaban, for petitioner.

Karen Gantt, with her, Terrance J. Fitzpatrick, Linda Wells, Chief Counsel, for respondent, Insurance Commissioner.

M. Hannah Leavitt, Baskin, Flaherty, Elliott, Mannino & Beren, for respondent, Aetna Casualty & Surety Company.

Heard January 7, 1988, before Judge DOYLE.

OPINION AND ORDER BY JUDGE DOYLE, February 1, 1988:

Before us in our original jurisdiction is an application for peremptory mandamus and preliminary injunction filed by the Norwood A. McDaniel Agency (Petitioner). Petitioner is engaged in the insurance business in Pennsylvania and is an "agent" as that term is defined in Section 1 of the Act of September 22, 1978, P.L. 763, as amended, 40 P.S. §241 (Act 143). Respondent Aetna Casualty and Surety Company...

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