Roland A. Dexter and Jane K. Dexter v. The Equitable Life Assurance Society of the United States

FEINBERG, Circuit Judge:

Roland and Jane Dexter brought this antitrust action against the Equitable Life Assurance Society of the United States, alleging that Equitable had violated the Sherman and Clayton Acts, 15 U.S.C.. §§ 1, 2 and 14, by requiring Mr. Dexter to purchase life insurance from it as a condition for agreeing to grant the Dexters mortgage loans in 1959, 1961 and 1968. The Dexters contend that such a tying arrangement is a per se violation of the antitrust laws. See Fortner Enterprises, Inc. v. United States Steel Corp., 394 U.S. 495, 89 S.Ct. 1252, 22 L.Ed.2d 495 (1969). The…