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CALIFORNIA LEAGUE OF IND. INS. PRO. v. AETNA CAS. & S. CO.

Civ. No. 37934.

179 F.Supp. 65 (1959)

CALIFORNIA LEAGUE OF INDEPENDENT INSURANCE PRODUCERS et al., Plaintiffs, v. AETNA CASUALTY AND SURETY COMPANY et al., Defendants.

United States District Court N. D. California, S. D.

December 11, 1959.

Attorney(s) appearing for the Case

Joseph L. Alioto, San Francisco, Cal., for plaintiff.

McCutchen, Doyle, Brown & Enersen, Orrick, Dahlquist, Herrington & Sutcliffe and Cooley, Crowley, Gaither, Godward, Castro & Huddleson, San Francisco, Cal., for defendants.

WOLLENBERG, District Judge.

On May 20, 1959, this court granted defendants' motions under F.R.Civ.P. 12(b) (6), 28 U.S.C.A. to dismiss the original complaint, 175 F.Supp. 857. The court held that § 2(b) of the McCarran Act [15 U.S.C.A. § 1012(b)] precluded a Sherman Anti-Trust Act [15 U.S.C.A. §§ 1-7, 15 note] suit involving California insurance agents' commissions except on the narrow grounds stated in §...

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