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MONARCH LIFE INS. CO. v. LOYAL PROTECTIVE LIFE INS. CO.

No. 172, Docket 28412.

326 F.2d 841 (1963)

MONARCH LIFE INSURANCE COMPANY, Appellant, v. LOYAL PROTECTIVE LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Second Circuit.

Decided December 19, 1963.

Certiorari Denied March 23, 1964.

Attorney(s) appearing for the Case

John W. Castles, 3d, New York City (Wendell Davis, Jr., and Lord, Day & Lord, New York City, of counsel), for appellant.

Donald M. Dunn, New York City (Robert R. Rich, Jr., Boston, Mass., Hamilton Fish, Jr., Thomas V. Heyman, and Alexander & Green, New York City, of counsel), for appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.

Certiorari Denied March 23, 1964. See 84 S.Ct. 968.

KAUFMAN, Circuit Judge:

Simply stated, the sole issue presented by this appeal is whether a private treble-damage action is available for illegal boycotts in the insurance industry.

In the McCarran Act of 1945, 15 U.S.C. §§ 1011-1015, Congress provided that the Sherman and Clayton Acts would be inapplicable to the business of insurance to the extent that the industry was regulated by state...

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