Joseph A. Zelson v. Phoenix Mutual Life Insurance Company and Phoenix Equity Planning Corporation

VAN OOSTERHOUT, Senior Circuit Judge.

This case raises substantial questions concerning the exemption from the federal antitrust laws provided to the business of insurance by the McCarran-Ferguson Act, as amended, 15 U.S.C. §§ 1011-1015. The district court, for reasons stated in its memorandum opinion, 410 F.Supp. 1343 (E.D.Mo. 1976), granted defendants’ motion to dismiss plaintiff’s complaint with prejudice for failure to state a claim upon which relief could be granted. We reverse. 1

The factual allegations of the complaint, which for purposes of reviewing the propriety of the dismissal we…