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DeVOTO v. PACIFIC FIDELITY LIFE INSURANCE CO.

No. 73-1685.

516 F.2d 1 (1975)

David DeVOTO and Charles F. Volk, Plaintiffs-Appellants, v. PACIFIC FIDELITY LIFE INSURANCE CO. and Bankers Mortgage Co. of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 15, 1975.

Attorney(s) appearing for the Case

Joseph M. Alioto (argued), San Francisco, Cal., for plaintiffs-appellants.

James R. Madison (argued), of Orrick, Herrington, Rowley & Sutcliffe, San Francisco, Cal., for defendants-appellees.

Before CHOY and GOODWIN, Circuit Judges, and BEEKS, District Judge.

OPINION

BEEKS, District Judge:

Appellants appeal from an order of the district court granting summary judgment of dismissal. They allege a violation of Section 1 of the Sherman Act.1 The court concluded that the acts complained of did not affect interstate commerce or manifest an anticompetitive purpose or effect.

Appellee Bankers Mortgage Company of California (hereinafter "Bankers") is in the business of making real...

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