MOORE v. JAS. H. MATTHEWS & CO.

Nos. 80-3180, 80-3217.

682 F.2d 830 (1982)

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

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1982.

Rehearing and Rehearing Denied October 8, 1982.


Attorney(s) appearing for the Case

Laurence Hummer, Latham & Watkins, Los Angeles, Cal., for American Cemetery.

George L. Wagner, Portland, Or., argued, for Rest Haven Memorial; Spears, Lubersky, Campbell & Bledsoe, Portland, Or., on brief.

Jonathan T. Howe, Chicago, Ill., for amicus curiae Monument Bldg.

Edward R. Fechtel, Husband, Johnson, Fechtel & Goff, Eugene, Or., Roger G. Tilbury, Portland, Or., for Moore.

Before PREGERSON and BOOCHEVER, Circuit Judges, and HALBERT, Senior District Judge.


Rehearing and Rehearing En Banc Denied October 8, 1982.

BOOCHEVER, Circuit Judge:

This is the third time this private antitrust action involving the sale and installation of grave markers has come before this court. We conclude that the district court's decision on the installation tying claim is contrary to the law of the case and that the awards for damages and attorney fees were based on improper considerations without support in the record. Accordingly...

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