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ST. PAUL FIRE & MARINE INS. CO. v. BARRY

No. 77-240.

438 U.S. 531 (1978)

ST. PAUL FIRE & MARINE INSURANCE CO. ET AL. v. BARRY ET AL.

Supreme Court of United States.

Decided June 29, 1978.

Attorney(s) appearing for the Case

Sidney S. Rosdeitcher argued the cause for petitioners. With him on the briefs were Howard S. Veisz, Thomas D. Gidley, Stephen J. Carlotti, Charles Lister, Joseph A. Kelly, Walker B. Comegys, Kirk Hanson, and Joseph V. Cavanagh.

Leonard Decof argued the cause and filed a brief for respondents.

Deputy Solicitor General Friedman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General McCree, Assistant Attorney General Shenefield, Richard A. Allen, and John J. Powers III.*

Roger Tilbury and Henry Kane filed a brief for the Portland Retail Druggists Assn., Inc., as amicus curiae urging affirmance.

Eugene Greener, Jr., filed a brief for Lakeside Hospital, Inc., as amicus curiae.

MR. JUSTICE POWELL delivered the opinion of the Court.

Respondents, licensed physicians practicing in the State of Rhode Island and their patients, brought a class action, in part under the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. § 1 et seq. (1976 ed.), against petitioners, the four insurance companies writing medical malpractice insurance in the State. The complaint alleged a private conspiracy of the four companies in which three refused to...

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