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PREFERRED PHYSICIANS MUT. RISK GROUP v. CUOMO

No. 91 Civ. 2733 (PKL).

865 F.Supp. 1057 (1994)

PREFERRED PHYSICIANS MUTUAL RISK RETENTION GROUP and U.S. Physicians Mutual Risk Retention Group, Plaintiffs, v. Mario M. CUOMO, Governor of the State of New York, Salvatore R. Curiale, Superintendent of Insurance of the State of New York, Commissioner of Health of the State of New York, Physicians' Reciprocal Insurers, Medical Liability Mutual Insurance Company and Catholic Medical Center of Brooklyn & Queens, Inc., Defendants.

United States District Court, S.D. New York.

October 20, 1994.

Attorney(s) appearing for the Case

Kurzman Karelsen & Frank, New York City (Phyllis H. Weisberg and David N. Mair, of counsel), for plaintiffs.

G. Oliver Koppell, Atty. Gen. of the State of New York, New York City (Frederic L. Lieberman and August L. Fietkau, of counsel), for defendants Cuomo, Curiale and Com'r of Health.

Leboeuf, Lamb, Greene & Macrae, New York City (Molly S. Boast, Margaret A. Keane and Michael Maya, of counsel), for defendant Medical Liability Mut. Ins. Co.

Kelly, Drye, & Warren, New York City (Steven Rogers, of counsel), for defendant Catholic Medical Center of Brooklyn & Queens, Inc.

Lewis Johs Avallone & Bruno, Melville, NY (Marcy Sheinwold, of counsel), for defendant Physicians' Reciprocal Insurers.

Olsson, Frank and Weeda, P.C., Washington, DC (Philip C. Olsson, of counsel), amicus curiae.

OPINION AND ORDER

LEISURE, District Judge:

This is an action brought by Preferred Physicians Mutual Risk Retention Group ("PP") and U.S. Physicians Mutual Risk Retention Group ("USP") to enforce their right to do business in the State of New York, as provided in the Liability Risk Retention Act of 1986, 15 U.S.C. § 3901 et seq. ("LRRA"). Plaintiffs have moved this Court for an order, pursuant to Rules 15(a) and (b) of the Federal Rules...

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