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NBD BANK, N.A. v. BENNETT

No. IP94-862-C.

874 F.Supp. 924 (1994)

NBD BANK, N.A., Plaintiff-Petitioner, v. Donna D. BENNETT, in her official capacity as Acting Indiana Commissioner of Insurance, Defendant-Respondent.

United States District Court, S.D. Indiana, Indianapolis Division.

December 27, 1994.

Attorney(s) appearing for the Case

Peter J. Rusthoven, Barnes & Thornburg, Indianapolis, IN, for NBD Bank N.A.

Thomas H. Ristine, Ice Miller Donadio & Ryan, Indianapolis, IN, for amici curiae.

Terry G. Duga, Deputy Atty. Gen., Indianapolis, IN, for Donna D. Bennett.

David A. Winston, Nat. Assoc. of Life Underwriters, Washington, DC, for Indiana Ass'n of Life.

Jeffrey M. Yates, Independent Ins. Agents of America Inc., Alexandria, VA, for Independent Ins. Agents.

ORDER ON MOTION TO DISMISS

SHIELDS, United States Magistrate Judge.

This cause is before the court on the defendant's Motion to Dismiss, the plaintiff's Brief in Opposition to Motion to Dismiss, and the defendant's Reply Brief. The court, being duly advised, DENIES the defendant's motion for the reasons set forth below.

BACKGROUND

This action arose out of the application of plaintiff, NBD Bank, N.A., ("NBD") to...

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