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MOUNTAIN GROVE CEMETERY ASSOCIATION v. NORWALK VAULT CO.

Civ. No. B-75-391.

428 F.Supp. 951 (1977)

The MOUNTAIN GROVE CEMETERY ASSOCIATION v. The NORWALK VAULT CO. OF BRIDGEPORT, INC., et al.

United States District Court, D. Connecticut.

March 11, 1977.

Attorney(s) appearing for the Case

Dion W. Moore, Pullman, Comley, Bradley & Reeves, Bridgeport, Alexander W. Samor, Trager & Trager, Fairfield, Conn., for plaintiff.

F. Timothy McNamara, Hartford, Conn., Lawrence J. Merly, Bridgeport, Conn., for defendants.

MEMORANDUM OF DECISION ON DEFENDANTS' MOTION TO DISMISS

NEWMAN, District Judge.

Defendants' motion to dismiss the complaint in this private antitrust suit raises an important question as to whether initiating litigation can be the basis for a claim of antitrust liability. Plaintiff, a non-stock Connecticut corporation, owns and operates a cemetery in Bridgeport, Connecticut. Defendants are Connecticut corporations engaged in either the manufacture and sale...

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