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MOORE v. JAS. H. MATTHEWS & CO.

No. 75-3106.

550 F.2d 1207 (1977)

Arlie Mack MOORE, Evanell E. Moore, Alfred L. Paulson, and Mary E. Paulson, doing business as Eugene Granite & Marble Works, Plaintiffs-Appellants, v. JAS. H. MATTHEWS & CO., Rest Haven Memorial Association, West Lawn Memorial Park, Lane Memorial Gardens, Eugene Memorial Gardens, Inc., Rest Lawn Memorial Park, Inc., Mt. Vernon Cemetery Association, Fir Grove Cemeteries Co., and Rhoden, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing June 24, 1977.

Attorney(s) appearing for the Case

Edward Ray Fechtel, Husband, Johnson & Fechtel, Eugene, Or., Roger Tilbury, Norman J. Wiener, Portland, Or., argued, for plaintiffs-appellants.

Jeffrey M. Batchelor, John G. Gearin, Gearin, Cheney, Landis, Aebi & Kelley, Joseph T. Hagen, Portland, Or., argued, for defendants-appellees.

Before WRIGHT and KILKENNY, Circuit Judges, and HARRIS, Senior District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc June 24, 1977.

EUGENE A. WRIGHT, Circuit Judge:

The plaintiffs in this private antitrust action alleged violations of sections 1 and 2 of the Sherman Act [15 U.S.C. §§ 1, 2]1 and section 3 of the Clayton Act [15 U.S.C. § 14].2 The issues on appeal involve: (1) tie-ins; (2) monopolization; (3) attempt to monopolize; and (4) concerted...

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