Legal Opinion
National Funeral Services, Inc. v. Rockefeller
Court of Appeals for the Fourth Circuit
Decided March 7, 1989No. 88-3945PublishedCited by 5 opinions
1Opinion of the Court
K.K. HALL, Circuit Judge:
In this declaratory judgment action, National Funeral Services (“NFS”) appeals the district court’s judgment, which upheld the constitutionality of W. Va. Code § 47-14-1 et seq. (1983) and found that the Act’s provisions were not preempted by the Federal Trade Commission’s (“FTC”) Funeral Rule, 16 C.F.R. 453. On somewhat different reasoning, we affirm.
I
This case revolves around the State of West Virginia’s attempt to regulate pre-need funeral contracts, codified at W.Va. Code § 47-14-1 et seq. (1983).1 These contracts have been tightly regulated in the state since…
2Cases cited21 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
- City of New Orleans v. DukesSupreme Court of the United States · 1976
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
- Frisby v. SchultzSupreme Court of the United States · 1988
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3Cited by5 opinions
- Project 80's, Inc. And David John Fitzen v. City of Pocatello and the City of Idaho Falls, IdahoCourt of Appeals for the Ninth Circuit · 1991
- Guardian Plans Inc. v. TeagueCourt of Appeals for the Fourth Circuit · 1989
- Baudino v. SCI California Funeral Services, Inc.California Court of Appeal · 2008
- Guardian Plans Inc. v. TeagueCourt of Appeals for the Fourth Circuit · 1989
- National Funeral Services, Inc. v. John D. Rockefeller, IvCourt of Appeals for the Fourth Circuit · 1989