FABE v. U.S. DEPT. OF TREASURY

No. 90-3364.

939 F.2d 341 (1991)

George FABE, Superintendent of Insurance, State of Ohio, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the TREASURY; Mitchell A. Levine, Assistant Commissioner, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1991.


Attorney(s) appearing for the Case

David E. Northrop (argued), James R. Rishel, Gurley, Rishel, Myers & Kopech, Columbus, Ohio, for plaintiff-appellant.

Joseph E. Kane, Asst. U.S. Atty., Columbus, Ohio, J. Christopher Kohn, Sandra P. Spooner (argued), Office of Dept. of Justice, Civil Div., Washington, D.C., for United States Dept. of Treasury.

Joseph E. Kane, Asst. U.S. Atty., Columbus, Ohio, J. Christopher Kohn, Office of the Dept. of Justice, Civil Div., Washington, D.C., for Mitchell A. Levine, Assistant Commissioner.

Before MARTIN and JONES, Circuit Judges, and EDGAR, District Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

In this declaratory judgment action, the district court found that certain claims of the United States against an insolvent Ohio insurance company are entitled to priority as provided by 31 U.S.C. § 3713 (1988), notwithstanding contrary provisions of Ohio law. Because we find the Ohio insurance liquidation priority scheme at issue to be a regulation of the "business of insurance"...

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