IN RE WORKERS' COMPENSATION INS. ANTITRUST LIT.

No. 87-5378.

867 F.2d 1552 (1989)

In re WORKERS' COMPENSATION INSURANCE ANTITRUST LITIGATION. AUSTIN PRODUCTS CO., A & M Moving & Storage Co., Tony Downs Foods Co., Butterfield Foods Co., The Diocese of Winona, Briggs Transportation Co., on behalf of themselves and all other similarly situated, Appellants, v. The WORKERS' COMPENSATION INSURERS' RATING ASSOCIATION OF MINNESOTA, The Travelers Insurance Company, Aetna Casualty & Surety Company, The Home Insurance Company, Fireman's Fund Insurance Company, St. Paul Fire & Marine Insurance Company, Employers Mutual Liability Insurance Company, Federated Mutual Insurance Company, Liberty Mutual Insurance Company, Sentry Insurance, a Mutual Company; Michigan Mutual Insurance Company, Twin City Fire Insurance Company, Excalibur Insurance Company, Continental Insurance Company, Transport Insurance Company, Employers Insurance of Wausau, A Mutual Co., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1989.


Attorney(s) appearing for the Case

K. Craig Wildfang, Minneapolis, Minn., for appellants.

James B. Loken, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, BROWN, Senior Circuit Judge, and BEAM, Circuit Judge.


LAY, Chief Judge.

In April 1983, the plaintiffs,1 who are Minnesota employers, filed a complaint in federal district court alleging that the defendants, who underwrite workers' compensation insurance in Minnesota, and the Workers' Compensation Insurers Rating Association of Minnesota (WCIRAM) had entered into a cooperative agreement not to charge less than the maximum lawful rate set by the Commissioner...

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