63 Consent Decree

1963 Consent Decree

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK  Civil No. 3106 Filed: October 23 1963 UNITED STATES OF AMERICA  Plaintiff, v. ASSOCIATION OF CASUALTY AND SURETY COMPANIES; AMERICAN  MUTUAL INSURANCE ALLIANCE; and NATIONAL ASSOCIATION OF MUTUAL CASUALTY  COMPANIES, Defendant’s¬  COMPLAINT The United States of America, by its  attorneys, acting under the direction of the Attorney General of the  United States, brings this civil action to obtain equitable relief  against the above named defendants, and complains and alleges as  follows:

I. JURISDICTION AND VENUE

1. This complaint is filed and these proceedings are instituted under  Section 4 of the Act of Congress of July 2, 1890, c. 647, 26 Stat. 209  (15 U.S.C. 4), as amended, entitled "An Act to protect trade and  commerce against unlawful restraints and monopolies," commonly known as  the Sherman Act, in order to prevent and restrain continuing violations  by the defendants, as hereinafter alleged, of Sections 1 and 3 of the  Sherman Act  2. The defendant Association of Casualty and Surety  Companies transacts business and is found within the Southern District  of New York.

II. DEFINITIONS

3. As used herein: (a) "Member Companies" shall be deemed to mean member  companies of any of the defendant association; (b) "Automobile" shall be deemed to mean a self-propelled vehicle used for the transportation of  persons or property on the highway; c) "Automobile property damage  liability insurance" shall be deemed to mean insurance against loss  arising out of the insured's legal liability for damages to the property of others resulting from the ownership, maintenance or use of an  automobile; (d) "Automobile physical damage insurance" shall be deemed  to mean insurance covering damages or loss to the automobile of the  insured resulting from collision, fire, theft, and other perils; (e)  "Automobile property insurance" shall be deemed to mean automobile  property damage liability insurance and automobile physical damage  insurance; (f) "Direct premiums earned" shall be deemed to mean that  part of the premiums applicable to the expired part of the policy; (g)  "Direct losses incurred" shall be deemed to mean the amount of loss paid and outstanding; (h) "Insured" shall be deemed to mean the party to  whom or on behalf of whom the insurer agrees to pay losses under the  insurance contract; (I) "Insurer" shall be deemed to mean the party to  the insurance contract who promises to pay losses; (j) "Adjustment"  shall be deemed to mean the process to determine the amount payable by  the insurer to an insured or other claimant under the insurance  contract, and the rights and obligations incident thereto; (k)  "Settlement" shall be deemed to mean the discharge of an obligation of  an insurer to an insured or other claimant under an insurance contract  as determined by adjustment of a claim; (l) "Adjuster" shall be deemed  to mean a person or firm who represents the insurer in the adjustment  and settlement of claims with insured or other claimants; (m)  "Automobile material damage" shall be deemed to mean any damage to an  automobile resulting from collision, fire, or other perils for which  automobile property insurance is available; (n) "Repair Shop" shall be  deemed to mean a person or firm engaged in automobile material damage  repair; (o) "Agreed price" shall be deemed to mean a commitment by a  repair shop to undertake to complete and guarantee automobile material  damage repairs in consideration of the amount of an appraiser's  estimate.

III DEFENDANTS

4. Associations of Casualty and Surety Companies (hereinafter referred to  as "ACSC"), which maintains its principal office at 110 William Street,  New York, New York, is made a defendant herein. ASCS in an  unincorporated trade association whose membership is composed of 133  stock insurance companies doing business in the United States.

5. American Mutual Insurance Alliance (hereinafter referred to "AMIA"), a  corporation organized and existing under the laws of the State of  Illinois, with its principal office at 20 North Wacker Drive, Chicago,  Illinois, is made a defendant herein.¬  AMIA is a trade association whose membership is composed of 106 mutual insurance companies doing business in the United States.

6. National Association of Mutual Casualty Companies (hereinafter referred to as "NAMCC"), a corporation organized and existing under the laws of  the State of Illinois, with its principal office at 20 North Wacker  Drive, Chicago, Illinois, is made a defendant herein. NAMCC is a trade  association whose membership is composed of 26 mutual insurance  companies doing business in the United States. All members of the NAMCC  which write automobile property insurance are members also of AMIA.

IV. CO-CONSPIRATORS

7. Various other persons, firms, organizations and corporations, including but not limited to member companies, sponsored appraisers, and repair  shops, not made defendants herein have participated as co-conspirators  with the defendants in the offense hereinafter charged and performed  acts and have made statements in furtherance thereof.

V. NATURE OF TRADE AND COMMERCE

 8. An important branch of the insurance industry is automobile property  insurance, which provides coverage for property losses arising out of  the ownership or use of automobiles. This coverage is provided by two  types of insurance: Automobile property damage liability insurance and  automobile physical damage insurance.

9. Total direct premiums earned in the United States by all insurance  companies in 1960 for automobile property insurance amounted to  approximately $3,327,815,566. Of the total direct premiums earned in  1960, member companies accounted for approximately 35.5 percent, or  approximately $1,183,642,376. Total direct losses incurred in the United States in 1960 by all insurance companies under automobile property  insurance amounted to approximately $1,787,276,826. Of the total direct  losses incurred in 1960, member companies accounted for approximately  35.2 percent, or $627,948,160.

10. Automobile property insurance is sold by insurance companies, including member companies, throughout the United States, and in the District of  Columbia, by the issuance of an insurance contract, commonly called a  policy, in exchange for an amount of money, commonly called premiums.  The automobile property insurance business involves a continuous and  indivisible stream of intercourse among states composed of collections  of premiums, payment of policy obligations, and documents and  communications essential to the negotiation and execution of policy  contracts and the adjustment and settlement of claims.

11. A vital phase of the automobile property insurance business is the  adjustment and settlement of claims.  A great majority of the claims  under automobile property insurance policies are for automobile material damage. It is the general practice for member companies to employ a  claim representative, commonly known as a claim manager, to supervise  and be responsible for the adjustment and settlement of claims,  including those under automobile property insurance, arising in the  territory assigned to him. An integral part of the process of adjustment and settlement of claims arising under automobile property insurance is determining the cost of repairing the damaged automobiles.  One way of accomplishing this is for the claim manager or adjuster to engage an  appraiser to prepare an estimate of the repair cost.

12. An appraiser operates by examining the damaged automobile to determine  the damage covered by automobile property insurance, the repairs that  must be made, the time it will take to make them and thereafter securing an agreed price from a repair shop. The agreed price is transmitted by  the appraiser to the claim manager or adjuster, and is used as a basis  for adjusting and settling the claim. The process of adjustment and  settlement of claims includes a continual transmission to and from and  between home offices of insurance companies, claim managers, adjusters,  appraisers, and claimants located in different states of the United  States and the District of Columbia of claim forms, statements, reports, directives, checks and drafts, documents and communications of various  kinds, all of which are essential to the adjustment and settlement of  claims.

13. A major part of direct losses incurred under automobile property  insurance is attributable to automobile material damage repair cost; and a major part of the automobile material damage repair business is the  repair of automobile damage covered by automobile property insurance.  The automobile material damage repair business consists of the repair  and replacement of automobile parts and is engaged in by repair shops  located in all states of the United States and District of Columbia. The price charged by repair shops for automobile material damage repairs  consists of a labor charge, which is an hourly rate applied to the time  taken to repair or replace parts, and a parts charge for any parts which are used to replace damaged parts on the automobile. Automobile parts  are manufactured by automobile manufacturers and others in plants  located in various states of the United States and are sold and shipped  by them to jobbers, wholesalers and dealers located in the District of  Columbia and states other than the states in which they were  manufactured for resale to repair shops for sale and use in the repair  of damaged automobiles.

BACKGROUND OF THE CONSPIRACY

14. The ACSC has had for many years a committee known as the Advisory  Committee of the Claims Bureau, sometimes referred to as the Claims  Bureau Advisory Committee, which is composed of approximately 18 claims  executives of member companies. The NAMCC has had for many years a  committee known as the Claims Executive Committee which is composed of  approximately 8 claims executives of member companies. It was and is the function of these committees to consider on behalf of their respective  associations policies and programs relating to claims administration. An additional function of the Advisory Committee of the Claims Bureau of the ACSC is to supervise the operations of and formulate policies for  the Claims Bureau, a department of the ACSC. The Claims Bureau, which  has a large administrative staff, maintains its headquarters at 110  William Street, New York, New York, and also has several regional  offices located throughout the United States. The function of the  Claims Bureau is to aid in claims administration.

15. Beginning in or about 1940, the Advisory Committee of the Claims Bureau of the ACSC and the Claims Executive Committee of the NAMCC began to  hold joint meetings. These meetings were soon formalized into regular  joint sessions and the group became known as the Joint Claims Committee  and later the Combined Claims Committee (hereinafter referred to as  "CCC").  These two committees were designated by their respective  defendant associations to represent the interest of member companies on  the CCC.The purpose and function of the CCC was and is to provide a  common forum to consider policies and programs relating to claims  administration.  In 1962, by resolution of the governing boards of the  defendants, the Claims Executive Committee of the NAMCC was designated  to represent AMIA on the CCC.

16. On March 12, 1942 the CCC passed a resolution which provided for the  organization of Casualty Insurance Claim Managers' Councils (hereinafter referred to as "Councils") in various areas of the United States to act as sub-committees of and under the direction and control of the CCC,  then known as the Joint Claims Committee. These Councils are each  chartered by the CCC  Each Council's membership is composed of those  member companies which have a full time, salaried claim representative  in the area under the Council's jurisdiction. The primary purpose and  function of the Councils are to permit field claim managers of member  companies to consider local problems of claims administration, including those arising under automobile property insurance. At the present time  there are approximately 80 Councils located throughout the United  States, including the District of Columbia.

17. In the Fall of 1946, the Pittsburgh, Pennsylvania Council met to  consider what collective action might be taken by its members to depress and control automobile material damage repair costs in the Pittsburgh  area. In March 1947, the Pittsburgh Council adopted a program  subsequently known as the Independent Appraisal Plan (hereinafter  referred to as the "Plan"), intended to depress and control automobile  material damage repair cost.

The CCC in December 1948 and again in July 1949 formally adopted the Plan  and since that time has sponsored it and actively promoted its expansion and use.  Since its inception the Plan, under the supervision and  direction of the CCC, and administered by the Claims Bureau of the ACSC  and the Councils, has become a nationwide operation.  By the end of  1961, it was in effect in 177 localities throughout the United States,  including the District of Columbia. The CCC requires uniformity in the  operation of the Plan throughout the United States.

18. Under the Plan, a Council in collaboration with the CCC, selects and  sponsors an individual or partnership to act as appraiser to make  determinations of automobile material damage costs for use in the  adjustment and settlement of claims.  Prior to the selection of a  sponsored appraiser, Council members are instructed to submit to the  Council the volume of business they anticipate giving the appraiser in  the area for which he is to be sponsored.  The sponsored appraiser is  required to employ sufficient personnel to handle any volume of  appraisal business in his territory. Most such appraisers have several  employees. The sponsored appraiser is required to confine his  operations to the territory for which he is sponsored by the council or  CCC. The fees which the sponsoring appraiser charges are subject to the approval of the sponsoring Council or CCC. The sponsored appraiser is  required to conform his operations to the principles of the Plan and to  assure his compliance, his operations are supervised and controlled by  the sponsoring Council and the Claims Bureau on behalf of the CCC. The  Plan calls for exclusive use of the sponsored appraisers by member  companies and the sponsored appraiser is urged to solicit business from  others in order to increase the effectiveness of the Plan.

19. Included among the means used under the Plan to control and depress  automobile material damage repair costs are the following: (1) to repair rather than replace damaged parts; (2) to replaced damaged parts by  used rather than new parts; (3) to obtain discounts on new replacement  parts; (4) to establish strict labor time allowances by the sponsored  appraisers; and (5) to obtain the lowest possible hourly labor rate.

20. The Plan calls for the sponsored appraiser to arrange for a number of  repair shops to agree to make automobile material damage repairs based  upon his estimate without the repair shop first examining the damaged  automobile. In those situations in which the damaged automobile is not  already in the possession of a repair shop, the sponsored appraiser will recommend any of these repair shops to the adjuster or claim manager.   In those instances where a particular repair shop in which the damaged  automobile is located will not agree to make repairs based upon the  sponsored appraiser's estimate, the Plan provides that the sponsored  appraiser shall inform the adjuster or claim manager of the names of  those repair shops which will accept his estimate and that the adjuster  or claim manager will then, when possible, have the damaged automobile  repaired by one of the repair shops which have agreed to accept the  sponsored appraiser's estimate. It is seldom that a claim is settled at a higher figure than the sponsored appraiser's estimate.

21. The nationwide application of the Plan involves a continuous  intercourse among the states composed of memoranda, correspondence,  directives and other communications to and from and between the CCC,  defendants, Claims Bureau, member companies, Councils and sponsored  appraisers.

 VI OFFENSES CHARGED

22. Beginning in or about 1947, and continuing up to and including the date of the filing of this complaint, the defendants and co-conspirators  have engaged in a combination and conspiracy in unreasonable restraint  of the aforesaid trade and commerce in the adjustment and settlement of  automobile property insurance claims, the automobile material damage  appraisal business and the automobile damage repair business, in  violation of Sections 1 and 3 of the Sherman Act.  Defendants are  continuing and will continue said offenses unless the relief herein  prayed for is granted.

23. The aforesaid combination and conspiracy has consisted of a continuing  agreement and concert of action among the defendants and co-conspirators to eliminate competition among member companies in the adjustment and  settlement of automobile property insurance claims, among appraisers and among repair shops, in order to control and depress automobile material damage repair costs through boycott, coercion and intimidation of  repair shops.

24. Pursuant to and in effectuation of the aforesaid combination and  conspiracy the defendants and co-conspirators did those things which, as herein before alleged, they agreed to do and, among others, did the  following things: (a) Refused to recognize or sponsor more than one  appraiser in a territory designated by a Council or the CCC; (b) Coerced sponsored appraisers to operate only in the territories in which they  are sponsored; (c Induced member companies to channel their automobile  material damage appraisal business to the sponsored appraiser and  boycott other business to the sponsored appraiser and boycott other  automobile material damage appraisal businesses; (d) Encouraged the use  of sponsored appraisers by others to increase the effectiveness of the  Plan; (e) Required sponsored appraisers to conform their operations to  the Plan and withdrew or threatened to withdraw the sponsorship of  appraisers who failed to do so; (f) Required fees charged by sponsored  appraisers to be approved by Councils or the CCC; (g) Induced member  companies to refuse to settle a claim for an amount greater than a  sponsored appraiser's estimate of the automobile material damage repair  costs; and (h) Induced member companies to channel automobile material  damage repair business to those repair shops which will, and boycott  those repair shops which will not: (1) Accept the sponsored appraiser's  estimate as to the cost of repairs; (2) Give a price discount on  replacement parts; (3) Maintain hourly labor rates at a figure which is  considered the lowest possible rate in the area; and (4) Accede to the  sponsored appraiser's determination of time allowances.

VII EFFECTS

25. The aforesaid offenses have had, among others, the following effects:  (a) Elimination of competition in the adjustment and settlement of  automobile property insurance claims, in the automobile material damage  appraisal business and in the automobile material damage repair  business; (b) Non-sponsored appraisers engaged in or desiring to engage  in the automobile material damage appraisal business have been  foreclosed from a substantial segment of the business; (c Repair shops  which refuse to accept the sponsored appraisers' estimate have been  foreclosed from a substantial segment of the automobile material damage  repair business; and (d) Prices charged by repair shops have been  subjected to collective control and supervision by defendants and  co-conspirators. PRAYER WHEREFORE, the plaintiff prays: 1.  That the  aforesaid combination and conspiracy be adjudged and decreed to be in  violation of Sections 1 and 3 of the Sherman Act. 2. That each of the  defendants, their officers, directors, agents, and employees, and all  committees or persons acting or claiming to act on behalf of the  defendants or any of them, be perpetually enjoined from continuing to  carry out, directly or indirectly, the aforesaid combination and  conspiracy to restrain interstate trade and commerce in the adjustment  and settlement of automobile property insurance claims, the automobile  material damage appraisal business and the automobile material damage  repair business; and that they be perpetually enjoined from engaging in  or participating in practices, contracts, agreements, or understandings, or claiming any rights hereunder, having the purpose or effect of  continuing, reviving, or renewing the aforesaid offense or any offenses  similar thereto. 3. That each of the defendants be enjoined from, either individually or in concert with others: (1) sponsoring or  preferentially dealing with any appraiser; (2) boycotting any appraiser; (3) exercising any control over or influence upon the activities of any appraiser; (4) channeling or attempting to channel automobile material  damage repair business to any repair shop or type of repair shop; (5)  boycotting any repair shop or type of repair shop; or (6) coercing any  repair shop to conform to its prices for repair work or parts to the  estimates of any appraiser or otherwise influencing the prices for  repair work or parts. 4. That each of the defendants be ordered to amend its by-laws to require each of its member companies to refrain from  acting in concert with any other companies in: (1) sponsoring or  preferentially dealing with any appraiser; (2) boycotting any appraiser; (3) exercising any control over or influence upon the activities of any appraiser; (4) channeling or attempting to channel automobile material  damage repair business to any repair shop or type of repair shop; (5)  boycotting any repair shop or type of repair shop; (6) coercing any  repair shop to conform its prices for repair work or parts to the  estimates of any appraiser or otherwise influencing the prices for  repair work on parts; and to make compliance with such requirements a  condition of membership. 5. That pursuant to Section 5 of the Sherman  Act on order be made and entered herein requiring defendants AMIA and  NAMCC to be brought before the Court in this proceeding and directing  the Marshal of the Northern District of Illinois to serve summons upon  AMIA and NAMCC. 6. That the plaintiff have such other and further relief as the nature of the case may require and the Court may deem just and  proper.7. That the Plaintiff recover the costs of this suit. Dated:  New York, New York October 22nd 1963 signed by: Robert F. Kennedy  Attorney General William H. Orrick, Jr. Assistant Attorney General  Baddia J. Rashid Attorney, Department of Justice John H. Waters  Attorney, Department of Justice William H. Rowan Attorney, Department of Justice

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

CIVIL ACTION No. 63 Civ. 3106 ENTERED: November 27,1963 UNITED STATES OF  AMERICA, Plaintiff v. ASSOCIATION OF CASUALTY AND SURETY COMPANIES,  AMERICAN MUTUAL INSURANCE ALLIANCE and the NATIONAL ASSOCIATION OF  MUTUAL CASUALTY COMPANIES, Defendants

¬ FINAL JUDGMENT

 Plaintiff, United States of America, having filed its complaint herein on October  23, 1963, and the plaintiff and the defendants, by their respective  attorneys, having consented to the entry of this Final Judgment without  admission by any party with respect to any issue herein; NOW, THEREFORE, before the taking of any testimony herein, without trial or  adjudication of any issue, and upon such consent, as aforesaid, it is  hereby ORDERED, ADJUDGED AND DECREED as follows:

 I. This Court has jurisdiction of the subject matter hereof and the  parties hereto and the complaint states a claim upon which relief can be granted under Sections 1 and 3 of the Act of Congress of July 2, 1890,  commonly known as the Sherman Act, as amended.

II.  The provisions of this Final Judgment shall be binding upon each  defendant and upon its officers, directors, agents, servants, employees, committees, successors and assigns, and upon all other persons in  active concert or participation with any defendant who shall have  received actual notice of this Final Judgment by personal service or  otherwise.

 III. (A) Each defendant is ordered and directed within ninety (90) days from the entry of this Final Judgment to terminate, cancel and abandon the  Independent Appraisal Plan, sometimes known as the Automotive Damage  Appraisal Plan, which the defendants have established and are now  administering, and each defendant is enjoined from reviving, renewing or again placing into effect that plan.

¬ (B) Defendants are ordered and directed within ninety (90) days from the  entry of this Final Judgment to send written notice, in the form  attached hereto as an exhibit, stating that all defendants have  terminated, cancelled and abandoned the Independent Appraisal Plan (1)  to each appraiser sponsored under the Plan, (2) to each member company,  and (3) to each Local Casualty Insurance Claims Managers' Council.

 IV.¬  (A) Each defendant is enjoined from placing into effect any plan,  program or practice which has the purpose or effect of: (1) sponsoring,  endorsing or otherwise recommending any appraiser of damage to  automobile vehicles: (2) directing, advising or otherwise suggesting  that any person or firm do business or refuse to do business with (a)  any appraiser of damage to automobile vehicles with respect to the  appraisal of such damage, or (b) any independent or dealer franchised  automotive repair shop with respect to the repair of damage to  automobile vehicles; (3) exercising any control over the activities of  any appraiser of damage to automotive vehicles; (4) allocating or  dividing customers, territories, markets or business among any  appraisers of damage to automotive vehicles; or (5) fixing,  establishing, maintaining or otherwise controlling the prices to be paid for the appraisal of damage to automotive vehicles, or to be charged by independent or dealer franchised automotive repair shops for the repair of damage to automotive vehicles or for replacement parts or labor in  connection therewith, whether by coercion, boycott or intimidation or by the use of flat rate or parts manuals or otherwise.

 (B) Nothing in Subsection (A) above shall be deemed to prohibit the  furnishing to any person or firm of any information indicating corrupt,  fraudulent or unlawful practices on the part of any appraiser of damage  to automotive vehicles or any independent or dealer franchised  automotive repair shop, so long as the furnishing of such information is not part of a plan, program or practice enjoined in paragraphs (1)  through (5) of Subsection (A) above. Each defendant shall include in  any report of such information an affirmative statement that such report is not a recommendation and that the person or firm to whom such report is furnished should independently determine whether to do business with any appraiser or automotive repair shop to which the report relates.

 V. Defendants are ordered and directed within ninety (90) days from the  entry of this Final Judgment to cause the character of each Local  Casualty Insurance Claims Managers' Council to be amended so as to  incorporate therein a declaration of policy that the Council shall not  engage in any activity prohibited by Section IV of this Final Judgment.

 VI.  Nothing in Section IV of this Final Judgment shall be deemed to  determine or constitute a waiver of any rights or immunities that  defendants may have under the Act of Congress of March 9, 1945, commonly known as the McCarran-Ferguson Act.

 VII.  (A) For the purpose of determining and securing compliance with this  Final Judgment and subject to any legally recognized privilege, duly  authorized representatives of the Department of Justice shall, upon  written request of the Attorney General, or the Assistant Attorney  General in charge of the Antitrust Division, and on reasonable notice to any defendant made to its principal office, be permitted (1) access  during the office hours of such defendant to all books, ledgers,  accounts, correspondence, memoranda and other records and documents in  the possession or under the control of such defendant relating to any of the matters contained in this Final Judgment during which time counsel  for such defendant may be present; and (2) subject to the reasonable  convenience of such defendant and without restraint or interference from it to interview officers or employees of such defendant, who may have  counsel present, regarding any such matters. (B) Any defendant, on  written request of the Attorney General or the Assistant Attorney  General in charge of the Antitrust Division, shall submit within a  reasonable time such reports in writing, under oath if requested, with  respect to any matters contained in this Final Judgment as may be  reasonably necessary for the purpose of the enforcement of this Final  Judgment. (C) No information obtained by the means provided in this  Section VII shall be divulged by any representative of the Department of Justice to any person other than a duly authorized representative of  the Executive Branch, except in the course of legal proceedings to which the United States of America is a party for the purpose of securing  compliance with this Final Judgment or as otherwise required by law.

 VIII Jurisdiction is retained for the purpose of enabling any of the parties to this Final Judgment to apply to this Court at any time for such  further orders and directions as may be necessary or appropriate for the construction or carrying out of this Final Judgment or for the  modification or termination of any of the provisions thereof, and for  the enforcement of compliance therewith and punishment of violations  thereof.  Dated: November 27, 1963 /s/ Edward C. McLean United States  District Judge

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 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

 CIVIL ACTION No. 63 Civ. 3106

 Filed October 23,1963 UNITED STATES OF AMERICA, Plaintiff v. ASSOCIATION OF  CASUALTY AND SURETY COMPANIES, AMERICAN MUTUAL INSURANCE

 ALLIANCE and the NATIONAL ASSOCIATION OF MUTUAL CASUALTY COMPANIES, Defendant s ¬  STIPULATION¬  It is stipulated by and between the undersigned parties,  by their respective attorneys, that: (1) The parties consent that a  Final Judgment in the form hereto attached may be filed and entered by  the Court at any time after the expiration of thirty (30) days following the date of filing of this Stipulation without further notice to any  party or other proceedings, either upon the motion of any party or upon  the Court's own motion, provided that plaintiff has not withdrawn its  consent as provided herein; (2) The plaintiff may withdraw its consent  hereto at any time within said period of thirty (30) days by serving  notice thereof upon the other parties hereto and filing said notice with the Court; (3) In the event plaintiff withdraws its consent hereto,  this Stipulation shall be of no effect whatever in this or any other  proceeding and the making of this Stipulation shall not in any manner  prejudice any consenting party in any subsequent proceedings. Dated:  October 23, 1963. For the Plaintiff: WILLIAM H. ORRICK, JR. Assistant  Attorney General JOHN H. WATERS WILLIAM D. KILGORE, JR. WILLIAM H. ROWAN BADDIA J. RASHID CHARLES F. B. McALEER Attorneys, Department of Justice For the Defendant Association of Casualty and Surety Companies: ROBERT  MacCRATE For the Defendants American Mutual Insurance Alliance and the  National Association of Mutual Casualty Companies: HUGH B. COX.

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