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AMERICAN GENERAL INSURANCE COMPANY v. F. T. C.

No. 73-2905.

496 F.2d 197 (1974)

AMERICAN GENERAL INSURANCE COMPANY and Fidelity and Deposit Company of Maryland, Plaintiffs-Appellants, v. FEDERAL TRADE COMMISSION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 27, 1974.

Attorney(s) appearing for the Case

Leroy Jeffers, John L. Murchison, Jr., David T. Harvin, George F. Reed, Houston, Tex., for Amer. Gen. Ins. Co.

Richard F. Ober, Gen. Counsel, Decatur H. Miller, Baltimore, Md., for Fidelity & Deposit Co. of Maryland.

Charles Tobin, Secretary, Ernest G. Barnes, Asst. Director, Nicholas S. Reynolds, Louis R. Sernoff, Attys., Federal Trade Commission Washington, D. C., Robert E. Kopp, Dept. of Justice, Neil H. Koslowe, Washington, D. C., Gerald Hardwood, Actg. Asst. Gen. Counsel, John T. Fischbach, Atty., Federal Trade Commission, Washington, D. C., for defendants-appellees.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.

LEWIS R. MORGAN, Circuit Judge:

In this case, plaintiffs-appellants seek to enjoin the Federal Trade Commission from proceeding against them under § 7 of the Clayton Act, 15 U.S.C. § 18, on the ground that the McCarran-Ferguson Act, 15 U.S.C. §§ 1011-1015, deprives the Commission of jurisdiction over the case. Finding that any such injunction would be premature at this time, we affirm the district court's dismissal of the complaint.

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