John Kalin Funeral Home, Inc., D/B/A Lacey Funeral Home, a Corporation v. Hollis Fultz

Appellant’s action for treble damages under the Sherman Anti-trust Act, 15 U.S.C. §§ 1 and 2, was dismissed by the trial court on a motion for summary judgment. 313 F.Supp. 435 . It appeals. We affirm.

A careful examination of the record convinces us that the fundamental issue in this case cannot be distinguished from the one before the court in Sun Valley Disposal Co. v. Silver State Disposal Co., 420 F.2d 341, 343 (9th Cir. 1969) where, on facts highly similar to those in the instant case, the question was resolved against the appellant. We hold that Sun Valley is here controlling on this issue.

Cathay Mortuary Wah Sang v. Funeral Directors of San Francisco, Inc., 1965 Trade Cases, Para. 71,505 (N.D.Cal. 1965), a district court decision relied on by appellant, is entitled to consideration, but is distinguishable in at least two important respects. There, plaintiff alleged that: (1) defendants deprived plaintiff of membership in a national association of funeral directors, thereby depriving it of the opportunity to make purchases of caskets and other funeral merchandise at national conventions at substantially lower prices; and (2) loss of membership in the national association…