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ACKERMAN-CHILLINGWORTH v. PACIFIC ELECTRICAL, ETC.

No. 76-1264.

579 F.2d 484 (1978)

ACKERMAN-CHILLINGWORTH, DIVISION OF MARSH & McLENNAN, INCORPORATED, a Delaware Corporation, Alexander of Hawaii, Inc., dba Mid-Pacific Insurance Division, a Hawaii Corporation, American Mutual Underwriters, Ltd., a Hawaii Corporation, Bayly, Martin & Fay of Hawaii, Inc., a Hawaii Corporation, Davies Insurance Agencies, Inc., a Hawaii Corporation, Stanley S. Hashimoto, Occidental Underwriters of Hawaii, Ltd., a Hawaii Corporation, Jack T. Osakoda, and Raymond T. Tanaka, Appellants, v. PACIFIC ELECTRICAL CONTRACTORS ASSOCIATION, a Hawaii non-profit Corporation, International Brotherhood of Electrical Workers, Local No. 1186, Pacific Employers Insurance Company, a California Corporation, the Insurance Company of North America, a Pennsylvania Corporation, Walter T. Oda, and Akito Fujikawa, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 31, 1978.

Attorney(s) appearing for the Case

William M. Swope (argued), Honolulu, Hawaii, for appellants.

John A. Hoskins (argued), Benjamin C. Sigal (argued), Richard E. Stifel (argued), Honolulu, Hawaii, for appellees.

Before ELY, HUFSTEDLER, and WRIGHT, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 31, 1978.

ELY, Circuit Judge:

This is a private antitrust action challenging a workmen's compensation plan, which was implemented by an employers' association pursuant to a collective bargaining agreement. The appellants alleged that the plan was both illegal per se and unlawful as contrary to the rule of reason under section 1 of the Sherman Act, 15 U.S.C. § 1 (1970). The opposing parties moved for summary...

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