CARD v. NATIONAL LIFE INS. CO.

No. 78-1180.

603 F.2d 828 (1979)

Robert W. CARD and R. W. Card & Associates, Inc., a Colorado Corporation, Plaintiffs-Appellants, v. NATIONAL LIFE INSURANCE COMPANY, a Vermont Corporation, Defendant-Appellee, Equity Services, Inc., a Vermont Corporation, Lawrence Leland and William Ryan, Defendants.

United States Court of Appeals, Tenth Circuit.

Decided August 21, 1979.


Attorney(s) appearing for the Case

Mary Lou Godbe, Salt Lake City, Utah (Alan E. Walcher, Ford G. Scalley, of Morgan, Scalley, Lunt & Kimble, Salt Lake City, Utah, Francis P. King and Robert A. Wherry, Jr., of Lentz, Evans & King, Denver, Colo., on the brief), for plaintiffs-appellants.

James E. Hautzinger, of Dawson, Nagel, Sherman & Howard, Denver, Colo. (Cassandra G. Sasso, of Dawson, Nagel, Sherman & Howard, Denver, Colo., on the brief), for defendant-appellee.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

The issue presented in this antitrust action by an insurance agent and his firm against the defendant-appellee life insurance company and others is whether the trial court erred in its construction and application of the McCarran-Ferguson1 exception, the result of which was a holding that it was inapplicable to the facts of the case. The allegation in the complaint is that the insurance company, which acted...

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