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McILHENNY v. AMERICAN TITLE INS. CO.

Civ. A. No. 72-721.

418 F.Supp. 364 (1976)

Patrick McILHENNY, Individually and on behalf of all members of a class of New Home Buyers similarly situated, Plaintiff, v. AMERICAN TITLE INSURANCE COMPANY et al., Defendants.

United States District Court, E. D. Pennsylvania.

June 7, 1976.

Attorney(s) appearing for the Case

Arnold Levin, Philadelphia, Pa., for plaintiff.

Robert W. Sayre, Gilbert Abramson, Gerald A. Dennehey, Jeffrey Less, Philadelphia, Pa., Harold S. Patton, Levittown, Pa., Robert James Jackson, Chester, Pa., George F. Shinehouse, Jr., Arsen Kashkashian, Jr., Philadelphia, Pa., Donald J. Orlowsky, Media, Pa., Louis J. Goffman, Bancroft D. Haviland, Philadelphia, Pa., for defendants.

OPINION

DITTER, District Judge.

I. INTRODUCTION

The primary question raised by the present motion to dismiss this anti-trust action is whether the defendants' activities fall within the "business of insurance" so as to be exempt from the anti-trust laws pursuant to the McCarran-Ferguson Act. I conclude that they do and therefore that the motion to dismiss must be granted.1

The plaintiff bought a new house and...

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