(Download) "Baxley-Delamar Monuments Inc. v. American Cemetery Association" by United States Court of Appeals for the Eighth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Baxley-Delamar Monuments Inc. v. American Cemetery Association
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 11, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
JOHN R. GIBSON, Circuit Judge. Baxley-DeLamar Monuments, Inc. appeals the district court's dismissal of its antitrust complaint against the appellee cemeteries and cemetery trade associations. Baxley-DeLamar alleged that the appellees conspired to effect illegal tie-ins in the sale of grave lots, as the tying product, and grave memorials and memorial installation services, as the tied products. Baxley-DeLamar claimed the appellees' acts constituted a conspiracy to engage in illegal tying, violating § 1 of the Sherman Act, 15 U.S.C. § 1 (1982); an attempt to monopolize, violating § 2 of the Sherman Act, 15 U.S.C. § 2 (1982); and a monopoly, violating article two, section nineteen of the Arkansas Constitution and Arkansas' Unfair Practices Act, Ark. Stat. Ann. §Â§ 70-301 -- 70-314 (1979) (now codified at Ark. Code Ann. §Â§ 4-75-201 -- 4-75-211 (1987)). The district court dismissed the complaint on the grounds that Baxley-DeLamar inadequately pleaded conspiracy in its Sherman Act § 1 claim; that it failed to plead conditions giving appellees sufficient market power in the grave lot market to form the basis for an illegal tying claim; that it failed to plead the market shares of the individual appellees in the memorial sales and installation markets, and that this was necessary to plead a ""dangerous possibility of success"" in its attempt to monopolize claim; and that its allegations of Arkansas law violations were too conclusory to state a claim. We hold the complaint was sufficient as to the federal law claims only and so affirm in part and reverse and remand in part.