Legal Opinion

Baxley-DeLamar Monuments, Inc. v. American Cemetery Ass'n

Court of Appeals for the Eighth Circuit

Decided July 9, 1991No. 90-1393PublishedCited by 11 opinions

1Opinion of the Court

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 and 2 (1988 & West Supp.1990)) against the defendant cemeteries and trade organizations.1 The case proceeded to a jury trial, and there was a verdict for the defendants. Baxley appeals, arguing that…

2Cases cited26 opinions

  1. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
  2. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  3. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  4. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  5. Jefferson Parish Hospital District No. 2 v. HydeSupreme Court of the United States · 1984

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3Cited by11 opinions

  1. Michigan Division-Monument Builders of North America v. Michigan Cemetery Ass'nCourt of Appeals for the Sixth Circuit · 2008
  2. DeLuca's Market Corp. v. SuperValu, Inc.Court of Appeals for the Eighth Circuit · 2014
  3. Inline Packaging, LLC v. Graphic Packaging International, Inc.District Court, D. Minnesota · 2016
  4. Michigan Division-Monument Builders v. Michigan Cemetery Ass'nDistrict Court, E.D. Michigan · 2006
  5. Bathke v. Casey's General StoresCourt of Appeals for the Eighth Circuit · 1995

6 more not listed; retrieve them via the Exa API.

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