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AMERICAN MEDICAL SEC., INC. v. LARSEN

Civil No. H-95-1463.

31 F.Supp.2d 502 (1998)

AMERICAN MEDICAL SECURITY, INC., Client First Brokerage Services, Inc., Moran, Inc., Trio Metal Products Company, Inc., and United Wisconsin Life Insurance Company, Plaintiffs, v. Steven B. LARSEN, Commissioner, Maryland Insurance Administration, Defendant.

United States District Court, D. Maryland.

December 7, 1998.

Attorney(s) appearing for the Case

Edward J. Birrane, Jr. and Cynthia M. Dietz, Towson, MD, for Plaintiffs.

Andrew H. Baida, Assistant Attorney General, Baltimore, MD, for Defendant.

ALEXANDER HARVEY, II, Senior District Judge.

Previously in this civil action, plaintiffs successfully challenged a regulation promulgated by the Maryland Insurance Commissioner. The parties have now returned to court and dispute whether the successful plaintiffs are entitled to recover attorneys' fees and costs. What this Court must now decide is whether plaintiffs, as prevailing parties in this suit brought under the Employee Retirement Income Security Act of 1974...

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