F. T. C. v. TRAVELERS HEALTH ASSN.

No. 51.

362 U.S. 293 (1960)

FEDERAL TRADE COMMISSION v. TRAVELERS HEALTH ASSOCIATION.

Supreme Court of United States.

Decided March 28, 1960.


Attorney(s) appearing for the Case

Charles H. Weston argued the cause for petitioner. With him on the brief were Acting Solicitor General Davis, Acting Assistant Attorney General Bicks, Daniel J. McCauley, Jr. and Alan B. Hobbes.

C. C. Fraizer argued the cause and filed a brief for respondent.

Clarence S. Beck, Attorney General of Nebraska, filed a brief, as amicus curiae, urging affirmance.

The following States joined in this brief: Alabama, by MacDonald Gallion, Attorney General; Arkansas, by Bruce Bennett, Attorney General; California, by Stanley Mosk, Attorney General; Colorado, by Duke W. Dunbar, Attorney General; Florida, by Richard W. Ervin, Attorney General; Indiana, by Edwin K. Steers, Attorney General; Iowa, by Norman A. Erbe, Attorney General; Kansas, by John Anderson, Jr., Attorney General; Kentucky, by Jo M. Ferguson, Attorney General; Louisiana, by Jack P. F. Gremillion, Attorney General; Maine, by Frank A. Hancock, Attorney General; Maryland, by C. Ferdinand Sybert, Attorney General; Massachusetts, by Edward J. McCormack, Jr., Attorney General; Michigan, by Paul L. Adams, Attorney General; Nevada, by Roger D. Foley, Attorney General; New Hampshire, by Louis C. Wyman, Attorney General; New York, by Louis J. Lefkowitz, Attorney General; North Carolina, by Malcolm B. Seawell, Attorney General; North Dakota, by Leslie Burgum, Attorney General; Ohio, by Mark McElroy, Attorney General; South Carolina, by Daniel R. McLeod, Attorney General; South Dakota, by Parnell J. Donohue, Attorney General; Tennessee, by George F. McCanless, Attorney General; Texas, by Will Wilson, Attorney General; Utah, by Walter L. Budge, Attorney General; Vermont, by Frederick M. Reed, Attorney General; and Virginia, by A. S. Harrison, Jr., Attorney General.

Briefs of amici curiae urging affirmance were also filed by Grenville Beardsley, Attorney General of Illinois; and by Whitney North Seymour for the Health Insurance Association of America et al.


MR. JUSTICE STEWART delivered the opinion of the Court.

Section 2 (b) of the McCarran-Ferguson Act provides that "[T]he Federal Trade Commission Act. . . . shall be applicable to the business of insurance to the extent that such business is not regulated by State law."1 The State in which the respondent is incorporated prohibits unfair or deceptive practices in the insurance business there or...

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