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FEINSTEIN v. NETTLESHIP CO. OF LOS ANGELES

Nos. 77-3998, 82-5698.

714 F.2d 928 (1983)

Walter FEINSTEIN, Jack Kriegsman, Leo Miller, Morton H. Pastor and Jason I. Green, Plaintiffs/Appellants, v. NETTLESHIP CO. OF LOS ANGELES, Pacific Indemnity Company, Insurance Company of North America, Sentry Insurance, American Re-Insurance Company, and North American Re-Insurance Corporation, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted August 10, 1983.

Decided September 1, 1983.

Attorney(s) appearing for the Case

Joseph M. Alioto, Lawrence John Appel, Alioto & Alioto, San Francisco, Cal., for plaintiffs/appellants.

John W. Stamper, Philip F. Westbrook, Jr., O'Melveny & Myers, Frederick A. Clark, Carl J. Schuck, Overton, Lyman & Prince, Los Angeles, Cal., Gary H. Anderson, James Michael, Robert M. Westberg, Pillsbury, Madison & Sutro, San Francisco, Cal., John Michael McCormick, Kadison, Pfaelzer, Woodard, Ouinn & Rossi, Steven Lindsey, Myers & D'Angelo, Peter Sullivan, Gibson, Dunn & Crutcher, Douglas L. Thorpe, Los Angeles, Cal., for defendants/appellees.

Before CHAMBERS, ANDERSON and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge.

This is a protracted antitrust action by physicians against the insurance agent and carriers who provided medical malpractice insurance to members of the Los Angeles County Medical Association. The question is whether the defendants' alleged domination of the medical malpractice insurance market in Southern California, through an agreement with the medical association, is immune from antitrust attack. The district court held that the defendants...

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