Facts: American sold mortgage protection insurance. Bankers lent money on mortgage. A contract between them provided that Bankers would, at a price, provide American with the names of their customers, and receive a commission on any insurance which American managed to sell them. The plaintiffs, who had brought American and Bankers together, also obtained from American a commission on such business.
Pacific, the defendant, then persuaded Bankers to breach its contract with American, and the plaintiffs now sued it for their lost commissions. The District Court entered judgment for the plaintiffs on a jury verdict, which was reversed on appeal.
KENNEDY, Circuit Judge:... Independently of the antitrust claims, the plaintiffs below sought relief upon a second theory, alleging tortious interference with their prospective business advantage.1 They claimed commissions would have been paid to them as brokers for negotiation of the Bankers-American agreement and that the commissions were a business advantage lost as a result of Pacific's inducing Bankers to repudiate the contract.
Bankers and Pacific defend by saying the inducement of the breach____________________