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GULF COAST HOTEL-MOTEL v. MISS. GULF COAST GOLF

No. 10-60844.

658 F.3d 500 (2011)

GULF COAST HOTEL-MOTEL ASSOCIATION and its successor Mississippi Hotel & Lodging Association, Plaintiff-Appellant, v. MISSISSIPPI GULF COAST GOLF COURSE ASSOCIATION; Gulf Hills Golf Club, Incorporated; Great Southern Golf Club, Incorporated; The Pass Christian Isles Golf Club, Incorporated; Sunkist Country Club, Incorporated; SPE Go Holdings, Incorporated, doing business as Great Oaks Golf, a wholly owned subsidiary of Textron Financial Corporation; Dogwood Hills Golf Course, Incorporated; Pacific Life Insurance Company, doing business as The Oaks Golf Club, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 27, 2011.

Attorney(s) appearing for the Case

W.F. Hornsby, III , Mark Vincent Watts (argued), Hornsby Watts, P.L.L.C., Biloxi, MS, Plaintiff-Appellant.

James G. Wyly, III , Kyle S. Moran , Heather E. Murphy , Frank W. Trapp (argued), Phelps Dunbar, L.L.P., Jackson, MS, Roland Francis Samson, III , Samson & Powers, P.L.L.C., Gulfport, MS, for Mississippi Gulf Coast Golf Course Ass'n, Great Southern Golf Club, Inc., Pass Christian Isles Golf Club, Inc., Sunkist Country Club, Inc., Dogwood Hills Golf Course, Inc. and Pacific Life Ins. Co.

James Bryon Wright, Jr. , Biloxi, MS, for Gulf Hills Golf Club, Inc.

Matthew G. Lyons , Law Offices of Matt G. Lyons, Ocean Springs, MS, for Sunkist Country Club, Inc.

Julie Jarrell Gresham , Taylor B. McNeel (argued), Brunini, Grantham, Grower & Hewes, P.L.L.C., Biloxi, MS, for SPE Go Holdings, Inc.

Before WIENER, CLEMENT and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

This is an antitrust case involving a dispute between competing programs to sell vouchers for rounds of golf at golf courses along Mississippi's Gulf Coast. The district court granted defendants-appellees motion to dismiss, deciding, in pertinent part, that the plaintiff-appellant had failed to allege the interstate commerce element of a valid claim under the Sherman Act. We now REVERSE and REMAND for further proceedings consistent...

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