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JOHN KALIN FUNERAL HOME, INC. v. FULTZ

No. 26343.

442 F.2d 1342 (1971)

JOHN KALIN FUNERAL HOME, INC., d/b/a Lacey Funeral Home, a corporation, Appellant, v. Hollis FULTZ et al., Appellees.

United States Court of Appeals, Ninth Circuit.

May 28, 1971.

Attorney(s) appearing for the Case

George K. Faler (argued), Seattle, Wash., Maxwell Keith, San Francisco, Cal., for appellant.

Vincent Gadbow (argued), Erick R. Alden, of Davies, Pearson, Anderson & Gadbow, Tacoma, Wash., Ralph G. Swanson, Gerry Alexander, William L. Parr, Ralph R. Gilby, Olympia, Wash., for appellees.

Before JERTBERG, ELY and KILKENNY, Circuit Judges.

PER CURIAM:

Appellant's action for treble damages under the Sherman Anti-trust Act, 15 U.S.C. §§ 1 and 2, was dismissed by the trial court on a motion for summary judgment. 313 F.Supp. 435. It appeals. We affirm.

A careful examination of the record convinces us that the fundamental issue in this case cannot be distinguished from the one before the court in Sun Valley Disposal Co. v. Silver State Disposal Co....

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