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BIG BEAR LODGING ASS'N v. SNOW SUMMIT, INC.

No. 97-56042.

182 F.3d 1096 (1999)

BIG BEAR LODGING ASSOCIATION; Sleepy Forest Resorts, a California corporation; Robert Pool, dba Cathy's Country Cottages; Mark Twain Hannah, dba Front Desk Vacation Rentals, Plaintiffs-Appellants, v. SNOW SUMMIT, INC., a California corporation; Richard Kun, an individual; Fritz Uppenlatz, dba Forest Shores Estates (Inn); Joyce Reed, dba Grey Squirrel Resort; Gerry Taylor, dba Bear Mountain Trading Co.; Bruce Voight, dba Alpine Slide at Magic Mountain; Loren Haffen, dba Boulder Creek Resort, dba Holloway's Marina & RV Park, dba North Shore Landing; Robert McDonald, dba Shores Acres Lodge & Vacation Rentals; Big Bear Lake Resort Association; Bear Mountain, Inc., dba Bear Mountain Ski Resort, a business entity, form unknown, and Does 1-500, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1999.

Attorney(s) appearing for the Case

James G. Allen, Allen & Pappas, Thousand Oaks, California, for the plaintiffs-appellants.

Patrick M. Kelly, Wilson, Elser, Moskowitz, Edelman & Dicker, Los Angeles, California, for the defendants-appellees.

Douglas L. Day, Crowe & Day, Santa Monica, California, for the defendants-appellees.

Evan Eickmeyer and Timothy M. Smith, McKinley & Smith, Sacramento, California, for the defendants-appellees.

Before: HUG, Chief Judge, BROWNING and NOONAN, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

Plaintiffs are lodge operators and lodging referral services in a ski resort area in Southern California. They allege antitrust violations by other lodge operators and two ski resorts in the area, allegedly injuring Plaintiffs. The district court dismissed the complaint without leave to amend. We affirm in part and reverse in part.

I

Plaintiffs base their claims on the following allegations, which we accept as true...

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