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ALLSTATE INS. CO. v. STATE OF S.D.

Civ. 93-3006.

871 F.Supp. 355 (1994)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. STATE OF SOUTH DAKOTA; Jeff Stingley in his official capacity as Secretary of Commerce; and Darla Lyon in her official capacity as Director of the Division of Insurance, Defendants, and Dakotaland Autoglass, Inc., and Norm Feldman's Glass Company, Inc., Intervenors.

United States District Court, D. South Dakota, Central Division.

October 11, 1994.

Attorney(s) appearing for the Case

David A. Gerdes, Pierre, SD, for plaintiff.

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, SD, for defendants.

John L. Brown, Pierre, SD, for intervenors.

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, District Judge.

Plaintiff Allstate Insurance Company (Allstate) brought this action attacking the constitutionality of Senate Bill 220 ("SB 220") adopted in the 1992 South Dakota Legislative Session, and which is now codified at SDCL §§ 58-33-72 and 58-33-73. Plaintiff Allstate has moved for summary judgment on its claims. The defendants, the State of South Dakota and its officials and intervenors (State...

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