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DM RESEARCH v. COLLEGE OF AMERICAN PATHOLOGISTS

Civil Action No. 96-617.

2 F.Supp.2d 226 (1998)

DM RESEARCH, INC., formerly known as New England Reagent Laboratories, Inc. v. COLLEGE OF AMERICAN PATHOLOGISTS and National Committee for Clinical Laboratory Standards.

United States District Court, D. Rhode Island.

April 14, 1998.

Attorney(s) appearing for the Case

Evan Slavitt, Susan E. Raitt, Laura A. Pisaturo, Hinckley, Allen & Snyder, Providence, RI, for Plaintiffs.

Steven M. Richard, Tillinghast, Licht & Semonoff, Providence, RI, Jack R. Bierig, Sidley & Austin, Chicago, IL, for Defendants.

MEMORANDUM AND ORDER

TORRES, District Judge.

The College of American Pathologists (CAP) and the National Committee for Clinical Laboratory Standards (NCCLS) have moved, pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint filed by DM Research, Inc., (DM). The issue presented is whether the complaint states a claim for conspiracy to restrain trade in violation of § 1 of the Sherman Act. 15 U.S.C. § 1.

Because the facts alleged...

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