PROFESSIONAL & BUSINESS MEN'S L. I. CO. v. BANKERS LIFE CO.

No. 707.

163 F.Supp. 274 (1958)

PROFESSIONAL AND BUSINESS MEN'S LIFE INSURANCE COMPANY, a Corporation, Plaintiff, v. BANKERS LIFE COMPANY et al., Defendants.

United States District Court D. Montana, Helena Division.

On Petition for Leave to File Motion to Rehear April 8, 1958.

Order Filed June 30, 1958.


Attorney(s) appearing for the Case

McCaffery, Roe & Kiely, Butte, Mont., and Skedd, Harris & Massman, Helena, Mont., for plaintiff.

Corette, Smith & Dean, Butte, Mont., for Bankers Life Co., Northern Life Ins. Co., and Prudential Life Ins. Co. of America.

Coleman, Lamey & Crowley, Billings, Mont., for Equitable Life Assur. Society of U. S., Franklin Life Ins. Co., Mut. Life Ins. Co. of N. Y., New York Life Ins. Co., and Paul Revere Life Ins. Co.

Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for Kansas City Life Ins. Co., Northwestern Nat. Life Ins. Co., and Occidental Life Ins. Co. of Cal.

Ralph J. Anderson, Helena, Mont., for Nat. Reserve Life Ins. Co.

Small & Herron, Helena, Mont., for Farmers New World Life Ins. Co.

Toomey & Hughes, Helena, Mont., for State Farm Life Ins. Co.

Gunn, Rasch & Gunn, Helena, Mont., for Mut. Benefit Life Ins. Co. and Ohio Nat. Life Ins. Co.

Rasch & Patterson, Helena, Mont., for Western Life Ins. Co.

Weir, Gough & Matson, Helena, Mont., for Metropolitan Life Ins. Co.

Dan R. Lovelace, Bozeman, Mont., for James H. Dickson.

Luxan & Scribner, Helena, Mont., for all other defendants.

John T. Vance, Helena, Mont., for Bankers Life & Cas. Co. of Ill.

William Mussman (of Pillsbury, Madison & Sutro), San Francisco, Cal., for Bankers Life Co. and others.


MURRAY, Chief Judge.

The complaint in this case contains six counts. The first count is based upon alleged violation of the federal anti-trust laws; Counts two, three and four are based on defamation; and Counts five and six allege damages as the result of violations by defendants of certain Montana statutes. Each of the defendants filed separate motions to dismiss directed to each of the counts. However, arguments, both oral and written, were jointly submitted by...

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