Bain v. Henderson

621 F.2d 959 1980-2 Trade Cases 63,401 Richard G. BAIN, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. Artie G. HENDERSON; Mack P. Lovett; Robert J. Stahl, Jr.; Larrie R. Brainard; Don Martinson; and Charles F. Stevens, Defendants-Appellees. No. 77-2781. United States Court of Appeals, Ninth Circuit. June 16, 1980. Richard G. Bain, San Diego, Cal., pro se. Lloyd M. Harmon, Deputy County Counsel, San Diego, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before MERRILL and TRASK, Circuit Judges, and EAST, * District Judge. TRASK, Circuit Judge: 1 Bain appeals from the district court's dismissal of his antitrust action against several San Diego municipal court judges who struck his name from a list of attorneys from which appointments to represent indigent criminal defendants were made. The district court dismissed the suit for lack of subject-matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), holding that the acts complained of did not affect interstate commerce as required by the Sherman Act, 15 U.S.C. §§ 1 , 2. We affirm. 2 Bain's name was struck from the list…