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MONARCH LIFE INS. CO. v. LOYAL PROTECTIVE LIFE INS. CO.

217 F.Supp. 210 (1963)

MONARCH LIFE INSURANCE COMPANY, Plaintiff, v. LOYAL PROTECTIVE LIFE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

May 8, 1963.

Attorney(s) appearing for the Case

Lord, Day & Lord, New York City, for plaintiff; John W. Castles, New York City, of counsel.

Alexander & Green, New York City, for defendant; Donald M. Dunn, New York City, of counsel.

LEVET, District Judge.

The defendant, Loyal Protective Life Insurance Company (Loyal), moves pursuant to Rule 12(b), Fed.R.Civ.P., to dismiss this action for lack of jurisdiction of the subject matter.

The complaint seeks treble damages from the defendant for the latter's violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. It alleges that both the plaintiff and the defendant are Massachusetts insurance companies licensed to and doing business in...

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