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JOHN KALIN FUNERAL HOME, INC. v. FULTZ

Civ. No. 3680.

313 F.Supp. 435 (1970)

JOHN KALIN FUNERAL HOME, INC., d/b/a Lacey Funeral Home, a corporation, Plaintiff, v. Hollis FULTZ and Minnie Fultz, his wife, Robert J. Selene and Arlene Selene, his wife, and Kenneth N. Eros and Betsy Eros, his wife, d/b/a Selene and Eros Mortuary, and Don McCaughan and Lucille McCaughan, his wife, d/b/a Mills and Mills Funeral Service, Defendants.

United States District Court, W. D. Washington, S. D.

April 9, 1970.

Attorney(s) appearing for the Case

George K. Faler, Seattle, Wash., for plaintiff.

Ralph G. Swanson, Pebbles, Swanson & Lindskog, Olympia, Wash., for defendants Fultz.

Vincent Gadbow, Davies, Pearson, Anderson & Gadbow, Tacoma, Wash., Ralph R. Gilby, Olympia, Wash., for defendants Selene and Eros.

William L. Parr, Gerry L. Alexander, Parr, Alexander, Cordes & Sutherland, Olympia, Wash., for defendants McCaughan.

MEMORANDUM DECISION

and

ORDER GRANTING SUMMARY JUDGMENT OF DISMISSAL

BOLDT, District Judge.

In this action plaintiff Kalin seeks recovery from defendants Fultz, Mills and Selene and Eros (S & E) for treble damages per Section 7 of the Clayton Act for alleged violation of Section 1 of the Sherman Act. Plaintiff alleges defendants have conspired among themselves and with others to monopolize mortuary business, i.e., preparation of the...

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