Lowell Musick and Sharlene Musick v. Gene Burke, Burke Vending and Catering Corporation

JENSEN, District Judge:

In this action alleging federal antitrust and racketeering law violations and pendent state law tort claims, the individual plaintiffs 1 appeal the grant of summary judgment in favor of defendants 2 (collectively referred to as “Burke Vending”) and dismissal of the pendent state law claims for lack of jurisdiction in the district court. The issues are (1) whether plaintiffs have demonstrated that Burke Vending’s activities have an effect upon interstate commerce sufficient to come within the scope of either federal antitrust laws or the Racketeer Influenced and Corrupt…