NAME SEARCHED: Harry Beller

NAME SEARCHED: Harry Beller PWM BIS-RESEARCH performed due diligence research in accordance with the standards set by AML Compliance for your business. We completed thorough searches on your subject name(s) in the required databases and have attached the search results under the correct heading below. Significant negative media results may require escalation to senior business. Legal and Compliance management. Also, all accounts involving PEPs must be escalated. Search: Result: Click here for results: Reviewer Comments (as necessary): RDC 0 No Hit MI Not Required I RDC Results No RDC alert (Please sec attached) 0 Ifit PCR ta No Hit • Not Required II, PCR Results No KR alert (Please sec attached) M Hit MS la Yes • No III. NCRatiVC Media Result Found(pl ease see attached) Not Required IV. Non-Negative Media No Information found V. Other Language Media Not Required D&B VI.1111 Not Required Results? • Yes 0 No 0 Not Required Smartlinx Retains? 0 Yes 0 No ID Not Required VU. Smartlinx Result Found(please see attached) Court Cases , 4 Review biLegal May VIII. Court Cases Result Found(please see attached) be Required 0 No Results El Search not required Prepared by: Date:10/02/2013 Research Analyst Instructions: 1. Review and confirm that all results are returned for your client. 2. Please note that you are still required to perform any Martindale -Hubbell search (if applicable) on each search subject. We hat e attached the eh link below for your convenience:Nlartindale-Hubbellhttp://www.martindale.com/spagartindale/home.xml 3. As needed, provide comment for any negative results. 4. If applicable, please obtain clearance from Compliance for all alerts. 5. Save any changes you make to this document and attach file to your KYC. Please note: Submission of a signed KYC is your confirmation that you have fully reviewed the research documents. For internal use only S0NY_GM_00064857 CONFIDENTIAL — PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL DE-SDNY-00271382 EFTA_00175358 EFTA01299150 OFAC RESULTS RDC: No Match Found of Birth: PC:R: Harry Beller Country:United States Date Harry Beller NCA customised Auto-Closed No-Hit 02/10/2013 BIS RESULTS Negative Media: Space Daily June 25, 2010 Friday Enzyme Trio For Biosynthesis Of Hydrocarbon Fuels BYLINE: Staff Writers LENGTH: 766 words DATELINE: Berkeley CA (SPX) Jun 25, 2010, 2010 If concerns for global climate change and ever-increasing costs weren't enough, the disastrous Gulf oil spill makes an even more compelling case for the development of transportation fuels that are renewable, can be produced in a sustainable fashion, and do not put the environment at risk. Liquid fuels derived from plant biomass have the potential to be used as direct replacements for gasoline, diesel and jet fuels if cost-effective means of commercial production can be found. Researchers with the U.S. Department of Energy (DOE)'s Joint BioEnergy Institute (JBEI) have identified a trio of bacterial enzymes that can catalyze key steps in the conversion of plant sugars into hydrocarbon compounds for the production of green transportation fuels. Harry Beller, an environmental microbiologist who directs the Biofuels Pathways department for JBEI's Fuels Synthesis Division, led a study in which a three-gene cluster from the bacterium Micrococcus luteus was introduced into the bacterium Escherichia coli. For internal use only SDNY_GM_00064858 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027683 EFTA_OOI 75359 EFTA01299151 Page 2 Enzyme Trio For Biosynthesis Of Hydrocarbon Fuels Space Daily June 25, 2010 Friday The enzymes produced by this trio of genes enabled the E. coli to synthesize from glucose long-chain alkene hydrocarbons. These long-chain alkenes can then be reduced in size - a process called "cracking" - to obtain shorter hydrocarbons that are compatible with today's engines and favored for the production of advanced lignocellulosic biofuels. "In order to engineer microorganisms to make biofuels efficiently, we need to know the applicable gene sequences and specific metabolic steps involved in the biosynthesis pathway," Beller says. 'We have now identified three genes encoding enzymes that are essential for the bacterial synthesis of alkenes. With this information we were able to convert an E. coli strain that normally cannot make long-chain alkenes into an alkene producer." Working with Beller on this study were Ee-Been Goh and Jay Keasling. The three were the co-authors of a paper that appeared earlier this year in the journal Applied and Environmental Microbiology, titled "Genes Involved in Long-Chain Alkene Biosynthesis in Micrococcus luteus." It has long been known that certain types of bacteria are able to synthesize aliphatic hydrocarbons, which makes them promising sources of the enzymes needed to convert lignocellulose into advanced biofuels. However, until recently, little was known about the bacterial biosynthesis of non-isoprenoid hydrocarbons beyond a hypothesis that fatty acids are precursors. JBEI researchers in the Fuels Synthesis Division, which is headed by co-author Keasling, are using the tools of synthetic biology, and mathematical models of metabolism and gene regulation to engineer new microbes that can quickly and efficiently produce advanced biofuel molecules. E.coli is one of the model organisms being used in this effort because it is a well-studied microbe that is exceptionally amenable to genetic manipulation. "We chose to work with M. luteus because a close bacterial relative was well-documented to synthesize alkenes and because a draft genome sequence of M. luteus was available," Beller says. "The first thing we did was to confirm that M. luteus also produces alkenes." Beller and his colleagues worked from a hypothesis that known enzymes capable of catalyzing both decarboxylation and condensation should be good models for the kind of enzymes that might catalyze alkene synthesis from fatty acids. Using condensing enzymes as models, the scientists identified several candidate genes in M. luteus, including Mlut_13230. When expressed in E. coli together with the two adjacent genes - Mlut_13240 and 13250 - this trio of enzymes catalyzed the synthesis of alkenes from glucose. Observations were made both in vivo and in vitro. 'This group of enzymes can be used to make aliphatic hydrocarbons in an appropriate microbial host but the resulting alkenes are too long to be used directly as liquid fuels," Beller says. "However, these long-chain alkenes can be cracked - a technique routinely used in oil refineries - to create hydrocarbons of an appropriate length for diesel fuel." The next step Beller says is to learn more about how these three enzymes work, particularly Mlut_13230 (also called OleA), which catalyzes the key step in the alkene biosynthesis pathway - the condensation of fatty acids. For internal use only SDNY_GM_00064859 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027684 EFTA_00I 75360 EFTA01299152 Page 3 Enzyme Trio For Biosynthesis Of Hydrocarbon Fuels Space Daily June 25, 2010 Friday 'We're also studying other pathways that can produce aliphatic hydrocarbons of an appropriate length for diesel fuels without the need for cracking," Beller says. "Nature has devised a number of biocatalysts to produce hydrocarbons, and our goal is to learn more about them for the production of green transportation fuels." LOAD-DATE: June 25, 2010 LANGUAGE: ENGLISH PUBLICATION -TYPE: Web Publication Copyright 2010 Space Daily, Distributed by United Press International Non-Negative Media: No Information Found Other Language Media: Not Required Public Records: 1 OF 1 RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2013 LexisNexis a division of Reed Elsevier Inc All Rights Reserved. Full Name Address County Phone BELLER, HARRY I ROCKLAND ROCKLAND COUNTY ADDITIONAL PERSONAL INFORMATION SSN DOB Gender Leat Subject Summary Name Variations 1: BELIER, HARRY I 2: BELLER. HARRY 3: BELLER. HARRY I SSNs Summary No. SSN State Iss. Date Isis. Warnings Most frequent SSN attributed to subject: For internal use only SDNY_GM_00064860 CONFIDENTIAL - PURSUANT TO FED. R.ctON(F IDENTIAL DB-SDNY-0027685 EFTA_00175361 EFTA01299153 Page 2 New York 1972-1974 DOBs Reported DOBs: Possible E-Mail Addresses Address Summary - 4 records found No. Address 1 2: 3. 4: ROCKLAND COUNTY KINGS COUNTY KINGS COUNTY KINGS COUNTY Ad ress Details Address Other Associates STERN SR. ROBERT M Census Data tor Geographical Region Median Head of Household Age: 41 Median Income: $4Z 198 Median Home Value: $415.686 For internal use only Dates Phone SDNY_GM_00064861 CONFIDENTIAL - PURSUANT TO FED. R.QQN(FIDENTIAL DB-SDNY-0027686 EFTA_00 175362 EFTA01299154 Page 3 Median Education 14 years 1. mi ciusehold Members Other Associates None Listed Dates Phone Census Dab for Geographical Region Median Head of Household Age: 43 Median Income: $43:768 Median Home Value: $597.222 Median Education 14 years Household Members Other Associates STERN SR. ROBERT M Dates Phone Census Data for Geographical Region Median Head of Household Age: 31 Median Income: $57:262 Median Home Value: $534.091 Median Education. 13 years Household Members None Listed Other Associates None Listed Voter Registrations -1 records found 1: New York Voter Registration Name: Residential Address: Home Phone: SSN: Date of Birth: Gender: Male Voter Information Registration Date: 8/15/1996 Last Vote Date: Party Affiliation: Active Status: ACTIVE Real Property - 3 records found 1: Assessment Record for ROCKLAND County, NY Owner Information For internal use only SDNY_GM_00064862 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027687 EFTA_00 I 75363 EFTA01299155 Page 4 Name: Address: County/FIPS: Address: County/FIPS: Data Source: Assessor's Parcel Number: Assessed Value: Total Market Value: 2: Assessment Record for Name: Address: County/FIPS: Address: County/FIPS: Data Source: Pro ert Information B Legal Information 392689 56.05-3-46 Assessment Information $86400 $24400 ROCKLAND County, NY Owner Information Pro erty Information ROCKLAND Legal Information Assessor's Parcel 392689 56.5-3-46 Number: Assessed Value: Total Market Value: Assessment Information $86400 $24400 3: Deed Record for ROCKLAND County Buyer Information Name: Name: Address: County/FIPS: Name: Address: County/FIPS: Address: County/FIPS: Data Source: Name: Seller Information Promo Information ROCKLAND B Lender Information ASTORIA FSLA Legal Information For internal use only SDNY_GM_00064863 CONFIDENTIAL - PURSUANT TO FED. R.CON(F IDENTIAL DB-SDNY-0027688 EFTA 00175364 EFTA01299156 Page 5 Contract Date: Recording Date: Document Number: Document Type: Book/Page: Sale Price: Loan Amount: Title Company: 09/18/1995 09/21/1995 950921225682 DEED 752/1993 Sale Information 5290000 Mortgage Information $150000 CHICAGO TITLE Motor Vehicle Registrations - 17 records found 1: NY MVR Registrant: DOB: Address: Original Registration Date: Registration Date: Registration Expiration Date: 2: NY MVR VIN: Class: Model Year: Make: Model: Series: Body Style: Weight: License Plate Type: License Plate Number: Plate State: VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 2011 Make: Honda Model: Accord Series: ACCORD EX Body Style: Sedan 4 Door Weight: 3296 Owner Information R. HARRY I Registrant Information R. HARRY I ROCKLAND COUNTY Registration Information 12/17/2010 12/17/2010 12/16/2012 Ion PASSENGER CAR/LIGHT TRUCK 2011 Honda Accord ACCORD EX Sedan 4 Door 3296 Sib NY Plate Information Ion Name: DOB: Address: ROCKLAND COUNTY Lienholder Information Name: AMERICAN HONDA FINANCE CORP. Address: 201 LITTLE FALLS DR WILMINGTON. DE 19808-1674 NEW CASTLE COUNTY For internal use only SDNY_GM_00064864 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027689 EFTA_00I75365 EFTA01299157 Page 6 Title Information Title Transfer Date: 1/7/2011 Title Issue Date: 1/7/2011 3: NY MVR Registrant: DOB: Address: Original Registration Date: Registration Date: Registration Expiration Date: 4: NY MVR 5: NY MVR VIN: Class: Model Year: Make: Model: Series: Body Style: Weight: License Plate Type: Previous Plate Number: Previous Plate State: License Plate Number: Plate State: VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 2000 Make: Honda Model: Odyssey Series: ODYSSEY EX Body Style: Sport Van Weight: 4170 Owner Information R, HARRY I Registrant Information R, HARRY I ROCKLAND COUNTY Registration Information 1/6/2006 12/4/2009 1/5/2012 Vehicle Information PASSENGER CAR/LIGHT TRUCK 2000 Honda Odyssey ODYSSEY EX Sport Van 4170 Plate Information If= NY tion Name: DOB: Address: ROCKLAND COUNTY Title Information Title Transfer Date: 2/3/2006 Title Issue Date: 2/3/2006 Registrant: DOB: Address: Registrant Information R, HARRY I ROCKLAND COUNTY Registration Information Original Registration Date: 12/12/2007 Registration Date: 11/18/2009 Registration Expiration Date: 12/11/2011 For internal use only SDNY_GM_00064865 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0027690 EFTA_00I75366 EFTA01299158 Page 7 Vehicle Information 6: NY MVR 7: NY MVR VIN: Class: Model Year: Make: Model: Series: Body Style: Color: Weight: License Plate Type: Previous Plate Number: Previous Plate State: License Plate Number: Plate State: PASSENGER CAR/LIGHT TRUCK 2004 Nissan Altima ALTIMA/S/SL Sedan 4 Door Green 2980 Plate Information Ilila NY Vehicle Information VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 2004 Make: Nissan Model: Altima Series: ALTIMA/S/SL Body Style: Sedan 4 Door Color: Green Weight: 2980 Owner Information Name: SE I FR, HARRY I DOB: Address: ROCKLAND COUNTY Title Information Title Transfer Date: 2/20/2008 Title Issue Date: 2/20/2008 Registrant Information Registrant: BELLER. HARRY I DOB: Address: Original Registration Date: Registration Date: Registration Expiration Date: VIN: Class: Model Year: Make: Model: Series: Body Style: Weight: License Plate Type: Previous Plate Number: Previous Plate State: ROCKLAND COUNTY Registration Information 10/5/2007 9/3/2009 10/4/2011 Vehicle Information PASSENGER CAR/LIGHT TRUCK 2007 Honda Accord ACCORD VALUE PACKAGE Sedan 4 Door 3100 Plate Information NY NY For internal use only SDNY_GM_00064866 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0027691 EFTA_G0I 75367 EFTA01299159 Page 8 License Plate Number: • Plate State: NY 8: NY MVR Vehicle Information 9: NY MVR VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 2007 Make: Honda Model: Accord Series: ACCORD VALUE PACKAGE Body Style: Sedan 4 Door Weight: 3100 Owner Information R. HARRY I Name: DOB: Address: ROCKLAND COUNTY Title Information Title Transfer Date: 11/2/2007 Title Issue Date: 11/2/2007 Registrant: DOB: Address: Original Registration Date: Registration Date: Registration Expiration Date: VIN: Class: Model Year: Make: Model: Series: Body Style: License Plate Type: Previous Plate Number: Previous Plate State: License Plate Number: Plate State: 10: NY MVR Registrant Information R. HARRY I ROCKLAND COUNTY Registration Information 12/27/2004 11/8/2006 12/26/2008 fijem imiInformation PASSENGER CAR/LIGHT TRUCK 2001 Toyota Camry CAMRY CE/LE/XLE Sedan 4 Door Plate Information Priv NY NY metbn VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 2001 Make: Toyota Model: Camry Series: CAMRY CE/LE/XLE Body Style: Sedan 4 Door Owner Information Name: R. HARRY I DOB: Address: For internal use only SDNY_GM_00064867 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027692 EFTA_00 175368 EFTA01299160 Page 9 ROCKLAND COUNTY Title Information Title Transfer Date: 1/31/2005 Title Issue Date: 1/31/2005 11: NY MVR Registrant: DOB: Address: Original Registration Date: Registration Date: Registration Expiration Date: VIN: Class: Model Year: Make: Model: Series: Body Style: Weight: License Plate Type: Previous Plate Number: Previous Plate State: License Plate Number: Plate State: 12: NY MVR 13: NY MVR VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 1996 Make: Ford Model: Windstar Series: WINDSTAR WAGON Body Style: Extended Spoil Van Weight: 3665 Owner Information R, HARRY I Registrant Information R, HARRY I ROCKLAND COUNTY Registration Information 10/28/2004 10/28/2004 12/16/2006 Vehicle Information PASSENGER CAR/LIGHT TRUCK 1996 Ford Windstar WINDSTAR WAGON Extended Sport Van 3665 Plate Information NY NY hide Information Name: DOB: Address: ROCKLAND COUNTY Lienholder Information Name: VALLEY NATIONAL BANK Address: 1445 VALLEY RD WAYNE. NJ 07470-2088 PASSAIC COUNTY Title Information Title Transfer Date: 1/21/1999 Title Issue Date: 1/21/1999 Registrant Information Registrant: Mr HARRY I DOB: For internal use only SDNY_GM_00064868 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027693 EFTA_00I75369 EFTA01299161 Page 10 Address: Original Registration Date: Registration Date: Registration Expiration Date: VIN: Class: Model Year: Make: Model: Series: Body Style: License Plate Type: Previous Plate Number: Previous Plate State: License Plate Number: Plate State: 14: NY MVR 15: NY MVR ROCKLAND COUNTY Registration Information 12/30/2002 12/30/2002 1/29/2005 Vehicle Information PASSENGER CAR/LIGHT TRUCK 1993 Toyota Camry CAMRY XLE Sedan 4 Door Plate Information IT= NY Vehicle Information VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 1993 Make: Toyota Model: Camry Series: CAMRY XLE Body Style: Sedan 4 Door Owner Information R, HARRY I Name: DOB: Address: ROCKLAND COUNTY Title Information Title Transfer Date: 3/1/2001 Title Issue Date: 3/1/2001 Registrant: DOB: Address: Original Registration Date: Registration Date: Registration Expiration Date: VIN: Class: Model Year: Make: Model: Series: Body Style: License Plate Type: Registrant Information R. HARRY I ROCKLAND COUNTY Registration Information 1/3/2000 1/3/2000 1/24/2002 mat ion PASSENGER CAR/LIGHT TRUCK 1987 Nissan Sentra SENTRA Station Wagon Plate Information Private For internal use only SDNY_GM_00064869 CONFIDENTIAL - PURSUANT TO FED. R.QCIIINIEIDENTIAL DB-SDNY-0027694 EFTA_00 175370 EFTA01299162 Page I I Previous Plate Number: Previous Plate State: NY License Plate Number: Plate State: NY 16: NY MVR Vehicle Information 17: NY MVR VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 1987 Make: Nissan Model: Sentra Series: SENTRA Body Style: Station Wagon Owner Information Name: BELLER, HARRY I DOB: Address: ROCKLAND COUNTY Title Information Title Transfer Date: 1/2/1998 Title Issue Date: 1/2/1998 Registrant: DOB: Address: Registrant Information R. HARRY I ROCKLAND COUNTY Registration Information Original Registration Date: 3/31/1997 Registration Date: 3/31/1997 Registration Expiration Date: 5/6/1999 nation VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 1988 Make: Pontiac Model: 6000 Series: 6000 LE Body Style: Station Wagon Weight: 3550 Plate Information License Plate Type: 'ilia License Plate Number: Plate State: NY Potential Relatives - 10 records found 1st Degree 9. 2nd Degree 1 No. Full Name 1. SSN Address/Phone For internal use only SDNY_GM_00064870 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027695 EFTA_00I 75371 EFTA01299163 Page 12 No. Full Name Address/Phone 2. 3. 4. 5 6. 7. =om For internal use only SDNY_GM_0006487i CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027696 EFTA_00I 75372 EFTA01299164 Page 13 No. Full Name Address/Phone 8.A. 9. Person Associates - 5 records found No. Full Name Address 1: 2: 3: SSN Phone DOB For internal use only SDNY_GM_00064872 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0027697 EFTA_00 175373 EFTA01299165 Page 14 No. Full Name 4: 5: Address SSN Phone DOB Nei hbors - 10 records found Name Address Phone For internal use only SDNY_GM_00064873 CONFIDENTIAL - PURSUANT TO FED. R.QQN(FIDENTIAL DB-SDNY-0027698 EFTA_00 175374 EFTA01299166 Page IS Employment - 1 records found 1: Company Name: CITIBANK Name: RY I SSN: Confidence: Medium Sources - 77 records found All Sources 77 Source Document(s) Deed Transfers 3 Source Document(s) Email addresses 2 Source Document(s) Historical Person Locator 4 Source Document(s) Motor Vehicle Registrations 28 Source Document(s) Person Locator 1 2 Source Document(s) Person Locator 2 9 Source Document(s) Person Locator 4 1 Source Document(s) Person Locator 5 7 Source Document(s) Person Locator 6 4 Source Document(s) Phone 3 Source Document(s) Tax Assessor Records 13 Source Document(s) Voter Registrations 1 Source Document(s) Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents. the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Your DPPA Permissible Use is: Debt Recovery/Fraud For internal use only SDNY_GM_00064874 CONFIDENTIAL - PURSUANT TO FED. R.QQN(FIDENTIAL DB-SDNY-0027699 EFTA_00I 75375 EFTA01299167 Page 16 Your GLBA Permissible Use is: Legal Compliance Copyright® 2013 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. D&B: Not Required LEGAL RESULTS: Court Cases: *** THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY*" SUPREME COURT CIVIL SUITS FOR KINGS COUNTY, NEW YORK CASE-NAME: BELLER,ANNA & HARRY BELLER V. CITY WILLETS POINT CONTRACTING CORP., & FRAND MASCALI CONTRACTING CO., INC STATUS: DISPOSED ON 06/30/1987; SETTLED BEFORE TRIAL ACTION: OTHER TORTS NEGLIGENCE REQUEST FOR JUDICIAL INTERVENTION: 02/25/1986 NOTE OF ISSUE FILED: 02/21/1986 INDEX-NUMBER: 0155871983 JURY REQUESTED BY: PLAINTIFF JUDGE: PART 25 - JAMES W. HUTCHERSON PLAINTIFF ATTORNEY: ROSENBERG & HOROWITZ, S & H rDEFENDANT ATTORNEY: PAIR A CROTTY CORP COUNSEL For internal use only SDNY_GM_00064875 CONFIDENTIAL - PURSUANT TO FED. R.COINE IDENTIAL DB-SONY-0027700 EFTA_OOI 75376 EFTA01299168 Page 2 BELLER,ANNA v. CITY Mark H. FELDMAN pro se, Plaintiff, v. JACKSON MEMORIAL HOSPITAL, etc., et al., Defendants No. 79-758-Civ.-JWK UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA 509 F. Supp. 815; 1981 U.S. Dist. LEXIS 11119; 1981-2 Trade Cas. (CCH) P64,165 February 23, 1981 SUBSEQUENT HISTORY: r*ii As Corrected March 17, 1981. CASE SUMMARY: PROCEDURAL POSTURE: Defendants moved the court to dismiss plaintiffs complaint, which alleged violations of 42 U.S.C.S. §§ 1983. 1985. and 1986, and 15 U.S.C.S. §§ 1 and 2 OVERVIEW: Plaintiff was denied membership on the medical staff. a privilege granted to most licensed physicians. He sued defendants, alleging that they had willfully and maliciously acted to prevent him from practicing podiatry in certain public and private hospitals by withholding that privilege. Specifically. he alleged that defendants' actions had deprived him of his civil rights in violation of 42 U.S.C.S. §§ 1983, 1985, and 1986. he also argued that their behavior violated 15 U.S.C.S. §§ 1 and 2 as a conspiracy in restraint of trade Defendants moved the court for dismissal . Noting that pro se pleadings mandated a more lenient standard. the court held that dismissal of plaintiff's antitrust claims would have been premature Accordingly, the court determined that it would determine the substance of plaintiffs antitrust allegations after he had been afforded an opportunity to conduct limited discovery into the issues. and to reply to the objections then raised by defendants. Finding no federal right to membership on a hospital staff. the court granted defendants' motion with respect to the civil rights allegations. OUTCOME: The court concluded that plaintiff had no cognizable claim that his civil rights had been violated, but refused to dismiss his complaint as to his antitrust claim. Defendants' motion was thus granted in part and denied in part. CORE TERMS: interstate commerce, SHERMAN ACT, podiatrist, conspiracy, staff, administrators, orthopedic, jurisdictional, patients, doctors, medical staff, private hospitals, For internal use only SDNY_GM_00064876 CONFIDENTIAL - PURSUANT TO FED. R.QP .NEIDENTIAL DB-SDNY-0027701 EFTA_00 175377 EFTA01299169 Page 3 509 F. Supp. 815, *; 1981 U.S. Dist. LEXIS 11119, **; 1981-2 Trade Cas. (CCH) P64,165 membership, podiatry, cause of action, civil rights, federal right, deprived, training, state law, pro se, involvement, class-based, profession, interstate, antitrust, invidious, licensed, nexus, color LexisNexis(R) Headnotes Civil Procedure > Pleading & Practice > Defenses, Demurrers & Objections > Motions to Dismiss [HN1] When determining a motion to dismiss, courts are obliged to construe all of the material allegations contained in the complaint in the light most favorable to the plaintiff with those allegations accepted as true. Civil Procedure > Pleading & Practice > Defenses, Demurrers & Objections > Motions to Dismiss [HN2] Dismissal of an action on a bare-bones pleading should always be carefully and deliberately considered since it is a precarious option with a high mortality rate. Civil Procedure > Parties > Self-Representation > Pleading Standards [HN3] Pro se pleadings are to be held to a less stringent standard than those drafted by an attorney. Civil Procedure > Pleading & Practice > Defenses, Demurrers & Objections > Motions to Dismiss Civil Procedure > Pleading & Practice > Pleadings > Complaints > Requirements [HN4] Fed. R. Civ. P. 8(a) enunciates the general standard that a pleading must meet in order to withstand a motion to dismiss. The pleader is entitled to considerable latitude regarding the mode of stating his claim for relief, provided the pleading gives reasonable notice of the claim or claims asserted. Constitutional Law > Congressional Duties & Powers > Commerce Clause > Interstate Commerce > General Overview Healthcare Law > Antitrust Actions > Facilities Transportation Law > Interstate Commerce > Federal Powers [HN5] The general scope of the Sherman Act ("Act"), 15 U.S.C.S. § 1, et seq., encompasses the entire regulatory power granted congress under the commerce clause. Although the Act includes more than simply a restraint on trade motivated by a desire to limit interstate commerce, federal enforcement must turn initially on whether or not the acts alleged in the complaint could likely have a substantial and adverse effect upon interstate commerce. Antitrust & Trade Law > Sherman Act > Jurisdiction [HN6] Even a wholly intrastate activity may be regulated by the Sherman Act, 15 U.S.C.S. § 1 et seq., where that activity would place an unreasonable burden on the free and uninterrupted flow of interstate commerce. Civil Rights Law > Section 1983 Actions > Scope For internal use only SDNY_GM_00064877 CONFIDENTIAL - PURSUANT TO FED. R.CON(F IDENTIAL DB-SDNY-0027702 EFTA_00 175378 EFTA01299170 Page 4 509 F. Supp. 815, *; 1981 U.S. Dist. LEXIS 11119, **; 1981-2 Trade Cas. (CCH) P64,165 [HN7] In order to sustain a 42 U.S.C.S. § 1983 claim, plaintiff must allege: that the defendants deprived him of some right secured by the United States Constitution or laws of the United States and that the defendants acted under color of state law. Civil Rights Law > Section 1983 Actions > Elements > Protected Parties Civil Rights Law > Section 1983 Actions > Scope [HN8] Both elements of a 42 U.S.C.S. § 1983 action must be alleged and proven before relief can be forthcoming. Civil Rights Law > Section 1983 Actions > Elements > Color of State Law > General Overview Healthcare Law > Actions Against Healthcare Workers > General Overview [HN9] Private entities are subject to the civil rights laws only if their activities are significantly affected with state involvement. Civil Rights Law > Section 1983 Actions > Scope [HN10] A private hospital is subject to the provisions of 42 U.S.C.S. § 1983 and U.S. Const. amend. XIV only if its activities are significantly affected with state involvement. Civil Rights Law > Private Discrimination Civil Rights Law > Section 1983 Actions > Scope [HN11] Title 42 U.S.C.S. § 1983 and U.S. Const. amend. XIV do not preclude invidious discrimination by private parties. Civil Rights Law > Section 1983 Actions > Elements > Color of State Law > General Overview [HN12] The mere existence of some government tie to a private organization is not sufficient to support a finding of state action where the state has not sufficiently involved itself in the invidious discrimination. Moreover, the state must be involved in more than some activity of the offending institution itself, it must have been involved with the activity that caused the injury to plaintiff. Civil Rights Law > Section 1983 Actions > Elements > Color of State Law > General Overview [HN13] The mere fact that a business is subject to state regulation does not by itself convert its action into that of the state for purposes of U.S. Const. amend. XIV. Civil Rights Law > Conspiracy > Knowing Nonprevention [HN14] No claim for relief will lie under 42 U.S.C.S. § 1986 until a valid claim has been established under 42 U.S.C.S. § 1985. COUNSEL: Mark H. Feldman, pro se. J. Elisabeth Middlebrooks, Richard B. Adams, A. Blackwell Stieglitz, Miami, Fla., for defendants. For internal use only SDNY_GM_00064878 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027703 EFTA_OOI 75379 EFTA01299171 Page 5 509 F. Supp. 815, *; 1981 U.S. Dist. LEXIS 11119, **; 1981-2 Trade Cas. (CCH) P64,165 OPINION BY: KEHOE OPINION p8161 MEMORANDUM ORDER ON MOTION TO DISMISS Mark H. Feldman, a licensed podiatrist, has filed this pro se action against multiple defendants, including many physicians, hospitals p8171 and medical administrators located in the southern Florida geographical area. Central to plaintiffs cause is his allegation that the defendants have willfully and maliciously acted to prevent him from practicing podiatry I in certain public and private hospitals by denying him membership on the medical staff normally granted licensed physicians. Plaintiff alleges that the defendants' actions have amounted to a conspiracy in restraint of trade and that they have deprived him of his constitutionally guaranteed civil rights. 1. "The diagnosis and treatment of foot disorders." J. Schmidt. Attorneys' Dictionary of Medicine and Word Finder (1960). ["2] Plaintiff's original 54 page Complaint was dismissed without prejudice on the grounds that it was repetitious, redundant and violated rules 8 and 10 of the Federal Rules of Civil Procedure. Plaintiff was subsequently permitted to amend his Complaint and filed an Amended Complaint considerably abridged to 14 pages. The defendants have responded to the Amended Complaint by renewing their original joint motion to dismiss pursuant to Fed.R.Civ.P. 12(b) and adopting the arguments (with some supplementation) contained therein. They contend that, notwithstanding its newly condensed format, the Amended Complaint remains incurably defective since, inter alia, the Court lacks jurisdiction over the subject matter of the action, and it fails to state a claim upon which relief can be granted. The Court reserved ruling on the matter until the defendants had an opportunity to depose the plaintiff in order to ascertain more fully the specific allegations underlying his cause of action. Plaintiff has now been deposed and accordingly, the motion to dismiss is ripe for consideration by the Court. I. THE STANDARD BY WHICH THE AMENDED COMPLAINT MUST BE MEASURED Plaintiffs Amended Complaint is ["3] directed against numerous parties, among them various doctors, medical administrators, public and private hospitals. 2 Plaintiff [' 818] alleges: (a) that certain defendant physicians conspired with the defendant hospitals to prevent him from competing in the medical marketplace by arbitrarily rejecting his application to practice podiatry in those hospitals; (b) that the defendants conspired to ruin plaintiffs podiatry practice and drive him out of business; (c) that the defendants interfered with plaintiff's right to practice his chosen profession and to contract with patients regarding medical services; (d) that the defendants maliciously discriminated against him solely because he is a podiatrist and not a physician; and (e) that the defendants generally violated his civil rights. Plaintiff seeks a judgment from the Court which would primarily rule that he cannot be denied membership on the staff of the defendant hospitals, that would allow him the use of the medical facilities of those hospitals, and that would enjoin the For internal use only SDNY_GM_00064879 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027704 EFTA_00175380 EFTA01299172 Page 6 509 F. Supp. 815, *; 1981 U.S. Dist. LEXIS 11119, **; 1981-2 Trade Cas. (CCH) P64,165 defendants from controlling or regulating the practice of podiatry in any way. Plaintiff also seeks compensatory and punitive damages totaling 50 million [**4] dollars. 2. The Amended Complaint contains the following list of defendants: Jackson Memorial Hospital; The Board of Trustees. Public Health Trust of Dade County. Florida: Fred J. Crowell. President. Public Health Trust: William W. Cleveland. M.D., President of the Medical Staff: Robert Zeppa. M.D.. Chief of Surgery: Wiliam McCollough. M.D., Chief of Orthopedics; Agusto Sarrniento, M.D.; Wallace Miller, M.D.; Harry Berrer, M.D.: Nan Cohen, M.D.: Edward CuNipher, M.D.; Harvey Grable, M.D.; Ledford Gregory, M.D.; Michael Guyer. M.D.; Marshall Hall. M.D.; Claude Holmes. M.D.; Arthur Pearl, M.D.; Salvador Ramirez, M.D.; Thomas Samartino, M.D.; Mario Stone, M.D.; Wiliam Terheyden, M.D.; Samuel Turek. M.D.; and Cedars of Lebanon Hospital Corp.. Inc.; and Cedars of Lebanon Hospital Care Center. Inc.; Dr. Jay Ziskind; Rufus Broadaway, M.D., Chief of Surgery: Marshall Hall. M.D.. Chief of Orthopedics: Eugene Konrad. M.D.. Chief of the Medical Staff: Harry BelIer, M.D.: Alan B. Cohen. M.D.: Edward Cullipher. M.D.: Harvey Grable. M.D.; Salvador Ramirez. M.D.; Mario Stone. M.D.: and Mount Sinai Medical Center. Inc.: Alvin Goldberg. Executive Director; Harold Glick. M.D.. Chief of the Medical Staff; Charles Weiss, M.D.. Chief of Orthopedics; Sheldon Marne. D.P.M.. Podiatrist: Mario Stone. M.D.: Samuel Turek. M.D.: Alvin Tobis. M.D.: Lester Russin. M.D.; and South Broward Hospital District. Memorial Hospital of Hollywood. Inc.: Maynard Abrams. Chairman. South Broward Hospital District; S.A. Mudano, Administrator; Robert Berger, M.D., Chief of Staff; Harry Fisher. M.D., Chief of Orthopedics; Paul Bind, M.D.: Larry Rosenbatrn, M.D.: Alfonso Petty. M.D.: George Crane. M.D.: Robert Niles. M.D.; North Broward Hospital District, Inc.; North Broward Hospital Dstnct Board of Commissioners; Hamilton Forman. Chairman; Bernie Welch. District Director and Hospital Administrator; Broward General Medical Center. Inc.; George F. Rahilly, M.D., Chief of Staff and Orthopedic Surgeon; and North Broward Hospital, Inc.; Robed L. Kennedy. Administrator; B. McNierney, M.D.; J. Gamble. M.D.; Nies Lestrange, M.D.: Peter Sciarrett. M.D.; Wylie Scott. M.D.; and Florida Medical Center Hospital. Inc.; Maxwell Dauer. Ph.D.: Frank Stein. M.D.: Alvin Stein. M.D.; Gary Krulik, M.D.: and Bemett Community Hospital. Inc.: and Holy Cross Hospital. Inc.; and North Beach Medical Center. Inc.; and Pembroke Pines General Hospital. Inc.; David Drant. M.D.; Martin Medelson, M.D.: Alfonso Petti. M.D.; Robert Bronfman, M.D.: Neil Beinhaker, M.D.; Larry Rosenbaum. M.D.: and Imperial Point Hospital. Inc.: George F. Rahily. M.D.: Sidney Cole. M.D.: Doctors General Hospital. Inc.; D. L. Gross. Administrator; E. Rockwood. D.O.: International Hospital. Inc.; John Silver. Administrator; and North Miami General Hospital. Inc.; Robert Bruce. Administrator; Lloyd Moriber, M.D.. Chief of Orthopedics; Melvyn Drucker. M.D.; and Cypress Community Hospital, Inc.; Barry Schochet. Administrator; and North Ridge General Hospital, Inc.; David Cornell. Administrator. Some of the defendants have been listed more than once in the style of the Amended Complaint. One of the contentions raised by the defendants in their joint motion to dismiss is that not all defendants have been properly served. The Court will reserve ruling on the service aspects of the motion to dismiss. ["5] Plaintiff invokes the Court's jurisdiction under 28 U.S.C. §§ 1343, 2201, 2202, 15 U.S.C. §§ 15, 26, and 42 U.S.C. §§ 1983, 1985 and 1986. The Court has jurisdiction to decide all of the issues raised by the motion to dismiss. [HN1] When determining a motion to dismiss, of course, the Court is obliged to construe all of the material allegations contained in the Amended Complaint in the light most favorable to the plaintiff with those allegations accepted as true. See, e.g., Jenkins v. McKeithen, 395 U.S. 411, 89 S. Ct. 1843, 23 L. Ed. 2d 404 (1969); Voter Information Project v. City of Baton Rouge, 612 F.2d 208 (5th Cir. 1980); 5 Wright & Miller, Federal Practice and Procedure: Civil § 1363 (1969). Moreover, [FIN2] dismissal of an action on a barebones pleading should always be carefully and deliberately considered since it is a precarious option with a high mortality rate. Voter Information Project, supra; Barber v. MN "Blue Cat," 372 F.2d 626 (5th Cir. 1967). Plaintiff has proceeded pro se with his action from its inception despite the Court's admonition that the assistance of counsel would be highly beneficial in this case, a cause involving several subtle and complex issues of law. [**6] In considering the motion to dismiss, however, the Court has not penalized plaintiff for proceeding in his own behalf where the law mandates that [I-IN3] pro se pleadings are to be held to a less stringent standard than those drafted by an attorney. Haines v. Kerner, 404 U.S. 519, 92 S. Ct. 594, 30 L. Ed. 2d 652 (1972); Craft v. Texas Board of Pardons & Paroles, 550 F.2d 1054 (5th Cir.), cert. denied, 434 U.S. 926, 98 S. Ct. 408, 54 L. Ed. 2d 285 (1977); Shaw v. Briscoe, 541 F.2d 489 (5th Cir. 1976), cert. denied, 430 U.S. 933, 97 S. Ct. 1556, 51 L. Ed. 2d 778 For internal use only SDNY_GM_00064880 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027705 EFTA_00175381 EFTA01299173 Page 7 509 F. Supp. 815, *; 1981 U.S. Dist. LEXIS 11119, **; 1981-2 Trade Cas. (CCH) P64,165 (1977); Bruce v. Wade, 537 F.2d 850 (5th Cir. 1976); Williams v. McCall, 531 F.2d 1247 (5th Cir. 1976); Cook v. Whiteside, 505 F.2d 32 (5th Cir. 1974). Indeed, the Court finds plaintiffs Amended Complaint to be rather skillfully drafted when considering the complex issues raised and the fact that plaintiff has no prior legal experience. 3. Although these cases al arise in the context of prisoner pro se pleadings, the same standard should apply to a nonposoner plaintiff where he chooses to proceed m his own behalf. [""7] Following the guidance of these fundamental principles, the Court has conducted a careful review of the Amended Complaint and concludes that plaintiff is unable to state a claim upon which relief can be granted as to that portion of the Amended Complaint asserting violations of his civil rights. As for the remainder of the Amended Complaint alleging antitrust violations, [119] the Court concludes that it would be premature to dismiss at the present stage of the proceedings. A discussion of the rationale behind this determination is in order. II. GENERAL PLEADING REQUIREMENTS [HN4] Fed.R.Civ.P. 8(a) enunciates the general standard that a pleading must meet in order to withstand a motion to dismiss. The pleader is entitled to considerable latitude regarding the mode of stating his claim for relief, provided the pleading gives reasonable notice of the claim or claims asserted. The Court considers the Amended Complaint amply sufficient to meet the general notice requirements of Rule 8 by adequately setting forth a claim and giving the defendants fair notice of its basis. Conley v. Gibson, 355 U.S. 41, 78 S. Ct. 99, 2 L. Ed. 2d 80 (1957); 5 Wright & Miller, Federal Practice and [nEl] Procedure : Civil §§ 1216, 1217, 1286 (1969). ° 4. OW of an abundance of caution and at the defendants' request, the Court ordered plaintiff deposed in order that the underlying nature of his claim was more readily imderstood. As a result, the defendants were fully apprised of the nature of this claim. III. SHERMAN ACT ALLEGATIONS The Sherman Act, 15 U.S.C. § 1 et seq., was enacted in 1890 to prohibit combinations and conspiracies in restraint of trade (Section 1), and to regulate monopolies (Section 2). Federal jurisdiction is predicated upon an allegation that the actions of the defendant have some nexus or connection with interstate commerce. Before the federal court can acquire jurisdiction, a plaintiff must show that the defendant's actions substantially and adversely affect interstate commerce. Failure to satisfy this threshold jurisdictional prerequisite will result in the dismissal of the complaint. [HN5] The general scope of the Sherman Act encompasses the entire regulatory power granted Congress [""9] under the Commerce Clause. Apex Hosiery Company v. Leader, 310 U.S. 469, 60 S. Ct. 982, 84 L. Ed. 1311 (1940). Although the act includes more than simply a restraint on trade motivated by a desire to limit interstate commerce, federal enforcement must turn initially on whether or not the acts alleged in the complaint could For internal use only SDNY_GM_00064803i CONFIDENTIAL - PURSUANT TO FED. R.Q;;;)N(FIDENTIAL DB-SDNY-0027706 EFTA_00 175382 EFTA01299174 Page 8 509 F. Supp. 815, *; 1981 U.S. Dist. LEXIS 11119, **; 1981-2 Trade Cas. (CCH) P64,165 likely have a substantial and adverse effect upon interstate commerce. Hospital Building Company v. Trustees of Rex Hospital, 425 U.S. 738, 96 S. Ct. 1848, 48 L. Ed. 2d 338 (1976); Gulf Oil Corp. v. Copp Paving Co., 419 U.S. 186, 95 S. Ct. 392, 42 L. Ed. 2d 378 (1974); Burke v. Ford, 389 U.S. 320, 88 S. Ct. 443, 19 L. Ed. 2d 554 (1967). If so, [HN6] even a wholly intrastate activity may be regulated by the Sherman Act where that activity would place an unreasonable burden on the "free and uninterrupted flow of interstate commerce." Rex Hospital, supra, 96 S. Ct. at 1853. As one commentator described the jurisdictional test to be applied in determining the sufficiency of a Sherman Act complaint: (The) test applies when the chalenged conduct is not "in commerce:" it will nevertheless be subject to the Act if it materially affects interstate commerce. In deciding r10) these issues. quantitative factors become pertinent. It is necessary not only that there be a logical causal connection between the activity and the flow of commerce, it is also necessary that the flow of commerce be affected in some substantial way: if the impact is trivial, the Sherman Act does not apply. Thus. the oNy commercial activities beyond the reach of the Sherman Ad are those which are local in the double sense that they are neither within nor have any sigrrficant effect on the flow of interstate commerce. (footnotes omitted) L. Sullivan, The Law of Antitrust (1977), § 233 at 710. Plaintiffs allegations respecting interstate commerce are contained in paragraphs 24 through 28 of the Amended Complaint: 24. A significant number of patients, actual and potential of the plaintiff and defendant doctors and hospitals, are covered by the Federal Medicare and State Medicaid Programs. Treatment of those patients generates millions of dollars of interstate revenue. rinoi 25. Defendant hospitals annually receive millions of dollars from insurance companies located outside of Florida for medical and surgical services provided by defendant I-, hospitals and doctors to non permanent nonresident patients. 26. Defendant doctors and hospitals purchase millions of dollars of supplies and equipment from sons outside of the state. 27. Rules and regulations promulgated by defendant doctors and hospitals to control the practice of Podiatrists. by limiting the privileges, refusing admittance, came from out of state sources (sic), as in the instance of defendant Jackson Memorial Hospital. whose GUIDELINES FOR PODIATRY came from THE DEPARTMENT OF ORTHOPEDIC SURGERY at the Massachusetts General Hospital in Boston. Mass. 28. Cessation and interruption of Podiatry Clinics and Training programs in defendant hospitals deried to out of state Podiatrists essential surgical training necessary to compete for surgical patients in their home States. Elimination of said training programs by defendant hospitals and orthopedic surgeons prevented out of slate Podiatrists from coming to Florida specifically for such surgical training programs. Plaintiffs first jurisdictional hurdle is to establish the required nexus between the defendants' challenged activity and interstate commerce. It is this Court's ("12] determination that plaintiff has met this burden and properly invokes the Court's jurisdiction under the Sherman Act. The restraint that plaintiff opposes in his action is that involving an alleged conspiracy by the defendants to deny podiatrists in general, s and the plaintiff in particular, a certain kind of access to hospital facilities, that access accorded members of the hospital's medical staff. Membership in the medical staff is usually limited to licensed physicians. For internal use only SDNY_GM_00064882 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0027707 EFTA_00 175383 EFTA01299175 Page 9 509 F. Supp. 815, *; 1981 U.S. Dist. LEXIS 11119, **; 1981-2 Trade Cas. (CCH) P64,165 5. There are no class action allegations contained in the Amended Complaint. The hospitals involved in this action furnish medical care and services to the community in a variety of ways: by caring for patients, training doctors and staff personnel, developing research facilities, and extending staff privileges to private physicians. Much of this activity happens to spill across the boundaries of Florida and into the stream of interstate commerce. It is this activity of providing medical care to patients that the defendants allegedly ["13] seek to exclude plaintiff from participation and involvement. It is this activity that must be connected with interstate commerce in order to sustain jurisdiction. Plaintiff must establish that the medical services supplied by the defendants have the required effect on interstate commerce. He is not required to show that the alleged conspiratorial actions of the defendants have any connection with interstate commerce. To rule otherwise would vitiate the intended scope of the law and impose an insuperable burden upon a plaintiff alleging an anticompetition conspiracy. Such a conspiracy would seldom reach interstate proportions though the object of the conspiracy might be federal in scope. The Court's conclusion that the Amended Complaint is jurisdictionally sound is supported by the recent decision of McLain v. Real Estate Board of New Orleans, 444 U.S. 232, 100 S. Ct. 502, 62 L. Ed. 2d 441 (1980), in which the Supreme Court held that the district court erred in dismissing a complaint which alleged a price fixing conspiracy involving several Louisiana real estate brokerage firms. The Court stated that the plaintiff could establish the requisite jurisdiction under the Sherman r*14] Act by demonstrating that a substantial effect on interstate commerce was generated by the defendants' brokerage activities. Referring specifically to the requirement that plaintiff must allege a relationship between the activity involved and some aspect of interstate commerce, the Court observed: To establish the jurisdictional element of a Sherman Act violation it would be sufficient for petitioners to demonstrate a r821] substantial effect on interstate commerce generated by respondents' brokerage activity. Petitioners need not make the more particularized showing of an effect on interstate commerce caused by the alleged conspiracy to fix commission rates. or by those other aspects of respondents' activity that are alleged to be unlawful. The validity of this approach is confirmed by an examination of the case law. If establishng juisdiction required a shoving that the unlawful conduct itself had an effect on interstate commerce, jurisdiction would be defeated by a demonstration that the alleged restraint failed to have its intended artioompeblhe effect. ilia is not the rule of our cases. See American Tobacco Co. v. United States. 328 U.S. 781.811.66S. rim Ct. 1125. 1139. 90 L. Ed. 1575 (1946): Urited States v Socony Vacuum Oil Co.. 310 U.S. 150. 225. n. 59. 60 S. Ct. 811. 846. 84 L. Ed. 1129 (1940).... Id. 100 S. Ct. at 509. Defendants have cited several cases in their memoranda which would appear to support dismissal of the Amended Complaint: Wolf v. Jane Phillips Episcopal Memorial Medical Center, 513 F.2d 684 (10th Cir.