C.B. TRUCKING, INC. v. WASTE MANAGEMENT, INC.

No. 96-2347.

137 F.3d 41 (1998)

C.B. TRUCKING, INC., Plaintiff-Appellant, v. WASTE MANAGEMENT, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided March 2, 1998.


Attorney(s) appearing for the Case

Edward J. McCormick, III, with whom McCormick & Maitland, Norfolk, MA, was on brief, for appellant.

J. Anthony Downs, with whom A. Lauren Carpenter and Goodwin, Procter & Hoar LLP, Boston, MA, were on brief, for appellees.

Before TORRUELLA, Chief Judge, GODBOLD, Senior Circuit Judge, and BARBADORO, District Judge.


BARBADORO, District Judge.

C.B. Trucking, Inc. brought this action against Waste Management of Massachusetts, Inc. and its parent, WMX Technologies, Inc., alleging, among other things, that defendants had illegally attempted to monopolize the residential solid waste collection business in southeastern Massachusetts through a practice of predatory pricing. Treating defendants' motion to dismiss for failure to state a claim as a motion for summary judgment, the district...

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