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MOORE v. JAS. H. MATTHEWS & CO.

No. 71-2186.

473 F.2d 328 (1973)

Arie Mack MOORE et al., Plaintiffs-Appellants, v. JAS. H. MATTHEWS & CO., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended January 24, 1973.

Attorney(s) appearing for the Case

Roger Tilbury (argued), Henry Kane, of Tilbury & Kane, Portland, Or., Edward Ray Fechtel, of Husband, Johnson & Frye, Eugene, Or., for appellants.

John Gordon Gearin (argued), of Gearin, Hollister & Landis, Portland, Or., Norman Wiener (argued), of Miller, Anderson, Nash, Yerke & Wiener, Portland, Or., Michael Walsh (argued), of Shuler, Rankin, Myers, Walsh & Ragen, Portland, Or., James C. Dezendorf, George L. Wagner, of McColloch, Dezendorf, Spears & Lubersky, Portland, Or., Robert W. Hill, of Hill & Schultz, Eugene, Or., Windsor Calkins, John Luvaas, Paul Clayton, Eugene, Or., for appellees.

Before HUFSTEDLER and CHOY, Circuit Judges, and SCHNACKE, District Judge.

HUFSTEDLER, Circuit Judge.

Appellants ("Moore"), who are cemetery monument dealers in Eugene, Oregon, brought an antitrust action seeking an injunction and damages against eight Oregon cemeteries ("Cemeteries") and Jas. H. Matthews & Co. ("Matthews"), a manufacturer of bronze grave markers. Moore alleged a conspiracy among Cemeteries and Matthews to restrain trade, monopolization, and attempts to monopolize the grave marker business in the Eugene Area, and illegal...

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