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ROSEBROUGH MONUMENT CO. v. MEMORIAL PARK CEMETERY

No. 80-1963.

666 F.2d 1130 (1981)

ROSEBROUGH MONUMENT COMPANY, Appellant, v. MEMORIAL PARK CEMETERY ASSOCIATION, a corporation; Valhalla Cemetery, Crematory and Mausoleum Company, a corporation; Lake Charles Memorial Park, Inc., a corporation; Alexander & Sons, Inc., a corporation, d/b/a Mount Lebanon Cemetery and Mausoleum; Lakewood Park Cemetery, Inc., a corporation; Sunset Burial Park, Inc., a corporation; Stanza & Company, Inc., a corporation, d/b/a Oak Grove Cemetery; Laurel Hill Memorial Gardens, Inc., a corporation; Mason Securities Company, d/b/a Hiram Cemetery; Mount Hope Cemetery and Mausoleum Company, a corporation; Southern Securities Company, a corporation, d/b/a Park Lawn Cemetery, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1981.

Rehearing and Rehearing Denied February 9, 1982.

Attorney(s) appearing for the Case

Charles Alan Seigel (argued), Stolar, Heitzmann, Eder, Seigel & Harris, Bernard J. Mellman, James L. Zemelman, St. Louis, Mo., for appellants.

John Ashcroft, Atty. Gen., Mary U. Musacchia, Chief Counsel, Antitrust Division, Steven D. Steinhilber, Asst. Atty. Gen., Jefferson City, Mo., for amicus curiae.

Lewis, Rice, Tucker, Allen & Chubb, Biggs, Casserly, Barnes, Fickie & Wolf, Ward Fickie, St. Louis, Mo., for appellees.

Thomas C. Walsh, Dennis E. O'Connell, St. Louis, Mo., for appellee Memorial Park Cemetery Association; Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., of counsel.

Before McMILLIAN and ARNOLD, Circuit Judges, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied February 9, 1982.

McMILLIAN, Circuit Judge.

Appellant Rosebrough Monument Co. appeals from a final judgment entered in the District Court for the Eastern District of Missouri denying its claims for treble damages and injunctive relief for antitrust violations. For reversal appellant contends that the district court erred in (1) finding that the cemeteries did not conspire to monopolize the sale, manufacture, installation...

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