PIRENO v. NEW YORK STATE CHIROPRACTIC ASS'N

No. 245, Docket 80-7507.

650 F.2d 387 (1981)

A. Alexander PIRENO, Plaintiff-Appellant, v. NEW YORK STATE CHIROPRACTIC ASSOCIATION and Union Labor Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 28, 1981.


Attorney(s) appearing for the Case

Donald West, New York City, for plaintiff-appellant.

Robert P. Borsody, New York City (Philip M. Berkowitz, Epstein Becker Borsody & Green, P.C., New York City, on the brief), for defendant-appellee New York State Chiropractic Association.

T. Richard Kennedy, New York City (George T. Vogel, Cabell, Kennedy, Hammer & French, New York City, on the brief), for defendant-appellee Union Labor Life Ins. Co.

Sidney S. Rosdeitcher, New York City (Howard S. Veisz, Richard D. Friedman, Nancy A. Kilson, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for The Health Ins. Ass'n of America as amicus curiae.

Before KAUFMAN, KEARSE, and BRIGHT, Circuit Judges.


KEARSE, Circuit Judge:

This appeal by plaintiff-appellant A. Alexander Pireno, a chiropractor, requires us to determine whether the exemption from the federal antitrust laws created for "the business of insurance" by § 2(b) of the McCarran-Ferguson Act (the "Act"), 15 U.S.C. § 1012(b) (1976), applies to an insurer's practice of submitting claims for chiropractic services to a peer review committee, composed of chiropractors...

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