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BAXLEY-DeLAMAR MONUMENTS v. AMERICAN CEMETERY

No. 90-1393.

938 F.2d 846 (1991)

BAXLEY-DeLAMAR MONUMENTS, INC., Appellant, v. AMERICAN CEMETERY ASSOCIATION; Arkansas Cemetery Association; Edgewood Memorial Park, Inc.; Griffin Leggett, Inc. a/k/a Forest Hills Memorial Park Inc., d/b/a Rest Hills Memorial Park; Pinecrest Memorial Park & Garden Mausoleum; Sun Realty Co. a/k/a Forest Hills Memorial Park, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 9, 1991.

Attorney(s) appearing for the Case

Edward Ray Fechtel, Eugene, Or., for appellant.

Stephen W. Armstrong, Philadelphia, Pa., argued, for appellee; Lewis H. Mathis, Morgan E. Welch, and Richard T. Donovan, Little Rock, Ark. and Stephen W. Armstrong and David H. Marion, Philadelphia, Pa., on the brief.

Before JOHN R. GIBSON and BOWMAN, Circuit Judges, and SACHS, District Judge.

JOHN R. GIBSON, Circuit Judge.

Once again we entertain an appeal in this antitrust case, which concerns an alleged practice of tying sales of gravestones and cemetery lots. In Baxley-DeLamar Monuments, Inc. v. American Cemetery Ass'n, 843 F.2d 1154 (8th Cir.1988) (Baxley I), we held that Baxley, a gravestone dealer, had adequately pleaded violations of §§ 1 and 2 of the Sherman Act (15 U.S.C. §§ 1...

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