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ROSEMOUND SAND & GRAVEL CO. v. LAMBERT SAND & GRAVEL CO.

No. 71-3456.

469 F.2d 416 (1972)

ROSEMOUND SAND AND GRAVEL COMPANY, Plaintiff-Appellant, v. LAMBERT SAND AND GRAVEL COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 8, 1972.

Attorney(s) appearing for the Case

John L. Fulbright, Beaumont, Tex., for plaintiff-appellant.

Carlos G. Spaht, James M. Field, R. Boatner Howell, Jr., Baton Rouge, La., for defendants-appellees.

Before DYER, SIMPSON and MORGAN, Circuit Judges.

DYER, Circuit Judge:

This appeal presents the question whether the granting of a motion to dismiss for lack of subject matter jurisdiction in this federal antitrust case was proper. The trial court, 330 F.Supp. 549, after a hearing and after reviewing the affidavits, depositions, answers to interrogatories, and other material in the record, concluded that the requisite nexus with interstate commerce was not present and dismissed...

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