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NORTHERN CALIFORNIA M. D. ASS'N v. INTERMENT ASS'N

No. 32982.

120 F.Supp. 93 (1954)

NORTHERN CALIFORNIA MONUMENT DEALERS ASS'N v. INTERMENT ASS'N OF CALIFORNIA et al.

United States District Court D. California, S. D.

March 18, 1954.

Attorney(s) appearing for the Case

Ferrari & Ferrari, San Francisco, Cal., and Morris Oppenheim, San Francisco, Cal., for plaintiff.

Pillsbury, Madison & Sutro, San Francisco, Cal., for IAC.

Andrew F. Burke, San Francisco, Cal., for Roman Cath. Arch.

Duff & Ferdon, San Francisco, Cal., for Frances Donahue.

Brobeck, Phleger & Harrison, San Francisco, Cal., for Cypress Lawn.

Graham & Morse, San Francisco, Cal., for Olivet Memorial Park.

Eugene H. O'Donnell, San Francisco, Cal., for E. J. Mullaney.

Robert T. Allen, Berkeley, Cal., for Golden Gate Memorials.

ROCHE, Chief Judge.

This suit for treble damages involves the retail sale of gravestones in San Francisco and Colma, and arises under provisions of law contained in U.S.C.A., Title 15, more particularly Section 1 of the Sherman Act, and Section 2 of the Clayton Act, as amended.

The defendants have moved to dismiss the complaint for the following reasons:

(1) Failure to allege any injury to plaintiff.

(2) Failure to allege facts showing the...

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