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SOBRATO v. PRUDENTIAL INS. CO. OF AMERICA

No. 78-2570.

632 F.2d 786 (1980)

John A. SOBRATO and Carl E. Berg, Individually and d/b/a Sobrato-Berg Properties, Plaintiffs-Appellants, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 14, 1980.

Attorney(s) appearing for the Case

Peter L. Spinetta, argued, Bell, Rosenberg, Spinetta & Randick & O'Dea, Oakland, Cal., Richard T. Tarrant, Nelson, Boyd, MacDonald & Tarrant, San Rafael, Cal., for plaintiffs-appellants.

Robert M. Westberg, argued, Reginald D. Steer, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendant-appellee.

Before WRIGHT and POOLE, Circuit Judges, and CRAIG, District Judge.

POOLE, Circuit Judge.

Appellants appeal from an order and judgment dismissing their complaint on grounds that its allegations of violations of federal antitrust laws and pendent state antitrust tort violations failed to state claims upon which relief can be granted.

The allegations of the federal antitrust claim failed to establish the requisites of an illegal tying arrangement as set forth in Moore v. Jas. H. Matthews & Co., 550...

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