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COMMUNITY BUILDERS, INC. v. CITY OF PHOENIX

No. 79-3354.

652 F.2d 823 (1981)

COMMUNITY BUILDERS, INC., an Arizona Corporation, Plaintiff-Appellant, v. The CITY OF PHOENIX, a municipal corporation, and the City of Scottsdale, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1981.

Rehearing Denied September 2, 1981.

Attorney(s) appearing for the Case

Daryl M. Williams, Phoenix, Ariz., for plaintiff-appellant.

Carol Benyi, Phoenix, Ariz., argued for defendants-appellees; Clifford Sherr, Scottsdale, Ariz., Bill Stephens, Phoenix, Ariz., on brief.

Before ANDERSON and NORRIS, Circuit Judges, and SCHWARZER, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Community Builders, Inc. appeals from a judgment below granting the motions of the defendant Cities for summary judgment and denying Community Builders' cross-motion for summary judgment. The district court dismissed with prejudice Community Builders' complaint seeking relief under the Sherman Act, 15 U.S.C. § 1 et seq., against the Cities for a number of alleged antitrust violations arising from the provision of municipal...

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