Berardinelli v. Castle & Cooke Inc.

587 F.2d 37 1978-2 Trade Cases 62,400 Dominick BERARDINELLI d/b/a Don Berard Associates, Plaintiff-Appellant, v. CASTLE & COOKE INC., a corporation, Oceanic Properties Inc., a corporation, and The Sea Ranch Sales Company, a corporation, Defendants-Appellees. No. 76-3640. United States Court of Appeals, Ninth Circuit. Nov. 30, 1978. John R. Murtha, of Eckhoff, Hoppe, Slick, Mitchell & Anderson, San Francisco, Cal., for plaintiff-appellant. Louis E. Wolcher, of Pettit, Evers & Martin, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before BROWNING and KENNEDY, Circuit Judges, and DUMBAULD * , District Judge. PER CURIAM: 1 Appellant appeals from an order dismissing his antitrust action for lack of subject matter jurisdiction. 2 Appellant's complaint alleged an attempt to monopolize the business of reselling lots in the unincorporated community on the northern California coast known as "The Sea Ranch," in violation of section 2 of the Sherman Act, 15 U.S.C. § 2 (1970). According to the complaint, appellant opened a real estate firm in 1973 and began providing services to owners of Sea…