Opinion

Fischer, Spuhl, Herzwurm & Associates, Inc. v. Forrest T. Jones & Co.

  • 586 S.W.2d 310
  • 1979 Mo. LEXIS 303
Court
Supreme Court of Missouri
Filed
Sep 11, 1979
Status
Published
Author
Bardgett
On the bench
Bardgett, Donnelly, Finch, Higgins, Morgan, Rendlen, Seiler, Welborn, Welliver
Cited by
64 cases

anti-competitive agreements denying plaintiff statistical data they needed to compete supported a, tortious interference claim

How later courts described this case

  • anti-competitive agreements denying plaintiff statistical data they needed to compete supported a, tortious interference claim
  • conduct preventing competition for public business may violate Missouri’s antitrust law
  • Missouri antitrust statute should “be construed in harmony with ruling judicial interpretations of comparable federal antitrust statutes”

Written by the judges who cited it.

The opinion

BARDGETT, Chief Justice,

concurring in part and dissenting in part.

I concur in the principal opinion except as to that part which reaffirms earlier holdings that the “old” antitrust statutes, sections 416.010-416.040, RSMo 1969, do not apply to life, health or accident insurance contracts. I agree that the earlier cases so held but I believe those cases were wrong. In my opinion, the “old” antitrust statutes which play some part in the instant case apply to insurance industry, company, or brokerage activities in connection with all forms of insurance. I would therefore reverse and remand for further proceedings on all counts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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