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SUN COMMUNICATIONS v. WATERS PUBLICATIONS

No. 78-4238-CV-C.

466 F.Supp. 387 (1979)

SUN COMMUNICATIONS, INC., Plaintiff, v. WATERS PUBLICATIONS, INC., et al., Defendants.

United States District Court, W. D. Missouri, C. D.

March 6, 1979.

Attorney(s) appearing for the Case

Alan E. Popkin, Frank E. Strzelec, Susman, Stern, Heifetz, Lurie, Sheehan, Popkin & Chervitz, Clayton, Mo., A. Overton Durrett, Kansas City, Mo., for plaintiff.

Terence C. Porter, Columbia, Mo., for defendants.

ORDER

ELMO B. HUNTER, District Judge.

Defendants move the Court to dismiss Counts I and III of plaintiff's Complaint for lack of subject matter jurisdiction. Defendants state that the actions complained of do not concern "trade or commerce among the several states" as required by §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2. In reviewing a motion for dismissal on the pleadings, the Court

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