Roger G. King v. Idaho Funeral Service Association

Good Law
862 F.2d 744·1988 WL 125960·12 Fed. R. Serv. 3d 1078·1988 U.S. App. LEXIS 16021
United States Court of Appeals for the Ninth CircuitNovember 30, 198887-4041, 87-4388California1,360 words

Opinion

Opinion

Poole, J.

In No. 87-4041, Roger G. King, his wife Meri Ann King, and Gem State Casket Inc. (collectively “the Kings”), appeal from summary judgment entered against them and in favor of all defendants. In No. 87-4388, appellants’ attorney appeals an order imposing sanctions against him personally pursuant to 28 U.S.C. § 1927 and Rule 11 of Fed.R.Civ.P. for filing and persisting in prosecuting meritless litigation. We affirm in both cases.

The magistrate, sitting by consent pursuant to 28 U.S.C. § 636 (c) and Idaho Local Rule 4 — 101(i), conducted and entered final judgment in these proceedings.

The Kings are owners of Gem State Casket, Inc., an Idaho casket manufacturer. Defendants-appellees are the Idaho Funeral Service Association, its officers, Board of Trustees, Executive Secretary Kenneth Mallea, and some fifty individual funeral chapels which comprise the membership of the Association.

The Kings accuse defendants of unlawfully causing the financial ruin of their business after September 1984. Specifically, their Second Amended Complaint asserted three claims for relief. First, they claim that defendants conspired to boycott their casket business with the intent of driving them out…

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