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STEINGART v. EQUITABLE LIFE ASSURANCE SOCIETY OF U. S.

No. 72 Civ. 4271.

366 F.Supp. 790 (1973)

William STEINGART et al., Plaintiffs, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES et al., Defendants.

United States District Court, S. D. New York.

November 21, 1973.

Attorney(s) appearing for the Case

Robert Howard, New York City, for plaintiffs.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant The Equitable Life Assur. Society of the United States; Sheldon Oliensis, Rene H. Reixach, Jr., New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant Metropolitan Life Ins. Co.; Jay H. Topkis, Cameron Clark, New York City, of counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant The John Hancock Mut. Life Ins. Co.; William P. Hindman, Jr., New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendant The Prudential Ins. Co. of America; James V. Hayes, New York City, of counsel.

METZNER, District Judge.

Defendants have moved pursuant to Fed.R.Civ.P. 12b(1) and (6) for an order dismissing the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted.

This is a double class action for alleged violations of the federal antitrust laws. Although not stated, jurisdiction is apparently predicated upon 28 U.S.C. § 1337. Plaintiffs purport to bring this action on behalf of "all...

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