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191343P.pdf   03/17/2021  Guardian Flight LLC  v.  Jon Godfread
   U.S. Court of Appeals Case No:  19-1343
                          and No:  19-1381
   U.S. District Court for the District of North Dakota - Bismarck   
[PUBLISHED] [Wollman, Author, with Gruender and Kobes, Circuit Judges] Civil case - Airline Deregulation Act. In a declaratory judgment action asking the district court to declare two provisions of North Dakota law governing the billing and sales practices of air ambulance providers invalid as preempted by federal law, the district court concluded that N.D. Century Code Sec. 26-1-47-09(3) and 26-1-47-08 were preempted by the Airline Deregulation Act but that the provision governing the sale of subscription agreements was saved by the McCarran-Ferguson Act. This court affirms the district court's holding that the Airline Deregulation Act preempts the statutory sections but reverses the holding regarding the McCarran-Ferguson Act and the subscription provision, holding that the Act does not apply because the North Dakota provisions at issue were not enacted "for the purpose of regulating the business of insurance;" affirmed in part, reversed in part, and remanded with instructions to enter judgment in favor of plaintiff.