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FARMERS UNION AGENCY, INC. v. BUTENHOFF

Civ. No. 4-92-387.

808 F.Supp. 677 (1992)

FARMERS UNION AGENCY, INC., a Minnesota Corporation; National Farmers Union Property and Casualty Co., a Colorado Corporation; National Farmers Union Standard Insurance Co., a Colorado Corporation, Plaintiffs, v. Earl BUTENHOFF; Bert McKasy, in his official capacity as Commissioner of Commerce, Defendants.

United States District Court, D. Minnesota, Fourth Division.

November 16, 1992.

Attorney(s) appearing for the Case

Michael R. Quinlivan, Arthur, Chapman, McDonough, Kettering & Smetak, Minneapolis, MN, for plaintiff.

Michael A. Hatch, Siegal, Brill, Greupner, & Duffy, Minneapolis, MN, for Earl Butenhoff.

Alan I. Gilbert, Asst. Minnesota Atty. Gen., St. Paul, MN, for Minnesota Com'r of Commerce.

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, Chief Judge.

Farmers Union Agency (Farmers) and its parent companies commenced this declaratory judgement action seeking the court to declare that Minnesota Statute § 60A.177 is not to be applied retroactively and that the statute is unconstitutional as applied to pre-existing contracts between insurance agents, insurers, and their general agents. Now before the court is plaintiffs' motion for summary judgement...

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