GARAGE SERVICES v. HOMES

Civ. A. No. 94-11.

867 F.Supp. 1301 (1994)

GARAGE SERVICES AND EQUIPMENT DEALERS LIABILITY ASSOCIATION OF AMERICA, INC., et al. Plaintiffs, v. Edward J. HOMES, in his official capacity as Secretary of the Public Protection and Regulation Cabinet, et al. Defendants.

United States District Court, E.D. Kentucky, Frankfort.

November 21, 1994.


Attorney(s) appearing for the Case

Christopher M. Hill, McBrayer, McGinnis, Leslie & Kirkland, Frankfort, KY, for plaintiffs.

Dennis G. Howard, II, Atty. General's Office, Suetta W. Dickinson, Kentucky Dept. of Ins., Judith G. Walden, Kentucky Dept. of Housing, Buildings & Const., Frankfort, KY, for Edward J. Holmes.

Dennis G. Howard, II, Atty. General's Office, Judith G. Walden, Kentucky Dept. of Housing, Buildings & Const., Frankfort, KY, for Charles A. Cotton, Dennis L. Decker.


MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This action is before the Court upon the parties' cross motions for summary judgment. [Record Nos. 15, 23]. The plaintiffs filed this petition for declaratory judgment seeking a determination that the Liability Risk Retention Act, 15 U.S.C. §§ 3901-3906, preempts and supersedes 815 KAR 30:010, § 1. This matter has been fully briefed and is ripe for consideration.1...

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