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CHICK'S AUTO BODY v. STATE FARM AUTO. INS. CO.

168 N.J. Super. 68 (1979)

401 A.2d 722

CHICK'S AUTO BODY, A SOLE PROPRIETORSHIP, SALUGA & SONS BODY SHOP, A SOLE PROPRIETORSHIP, SCHAFF'S CARS, INC., A NEW JERSEY CORPORATION, AND SOUTH JERSEY AUTO REBUILDERS ASSOCIATION, PLAINTIFFS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, AETNA LIFE & CASUALTY, GOVERNMENT EMPLOYEES INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY, KEYSTONE INSURANCE COMPANY AND OHIO CASUALTY COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Mr. I. Michael Heine, attorney for plaintiffs.

Mr. Arthur Meisel, for defendant State Farm Mutual Auto Ins. Co. (Messrs. Jamieson, McCardell, Moore, Peskin & Spicer, attorneys).

Mr. John P. Hauch Jr. for defendant Insurance Company of North America (Messrs. Archer, Greiner & Read, attorneys).

Mr. William J. O'Shaughnessy for defendant Aetna Casualty Insurance Company (Messrs Clapp & Eisenberg, attorneys).

Mr. John J. Slimm for defendant Government Employees Ins. Co. (Messrs. Orlando, Forgash & Slimm, attorneys).

Mr. David M. Satz, Jr. for defendant, Allstate Insurance Company (Messrs. Saiber, Schlesinger, Satz & Goldstein, attorneys); Mr. Alan H. Silberman and Ms. Joy S. Goldman of the Illinois Bar appearing.

Mr. Steven Dumser for defendant Keystone Insurance Company (Messrs. Schuenemann & Gercke, attorneys).

Mr. Frederick Fitchett for defendant Ohio Casualty Company (Messrs. Bleakly, Stockwell & Zink, attorneys).

DEIGHAN, J.S.C.

The New Jersey Antitrust Act (N.J.S.A. 56:9-1 et seq.) seeks "To promote * * * growth of commerce and industry * * * by prohibiting restraints of trade * * * through monopolistic practices and which act to decrease competition * * *." Plaintiffs body repair shops invoke the act to decrease competition by compelling defendant insurance companies to pay a higher rate for their repair services than defendants pay to plaintiffs competitors...

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