A & a Concrete, Inc. v. The White Mountain Apache Tribe

Appeal from a judgment dismissing the amended complaint and the action under Rule 12(b) F.R.Civ.P. for “want of jurisdiction.” The first two counts of the complaint, which is in five counts, attempt to state claims under 42 U.S.C. § 1983 (Count I) and § 1985(2) and (3) (Count II). The other three counts attempt to state pendent claims under state law. We reverse as to Count I and affirm as to Count II. We express no opinion about the three pendent claims, leaving it to the district court to decide whether to reinstate any of them.

I. Facts.

The amended complaint, in Count III, states that the plaintiffs Kayle and Sandy Adams, husband and wife, and their corporation A & A Concrete, Inc., are engaged in the manufacture and selling of concrete and cement. They obtain their cement from Phoenix Cement Company which is the only supplier in the state of Arizona large enough to supply their needs. The defendant Charles Patterson is a competitor of the plaintiffs.

Certain defendants, whom we call, collectively, the Apache defendants, are identified in the caption of the amended complaint. These are The White Mountain Apache Tribe, doing business as White Mountain Apache Development…