Lowell Musick and Sharlene Musick v. Gene Burke, Burke Vending and Catering Corporation

In this action alleging federal antitrust and racketeering law violations and pendent state law tort claims, the individual plaintiffs appeal the grant of summary judgment in favor of defendants (collectively referred to as “Burke Vending”) and dismissal of the pendent state law claims for lack of jurisdiction in the district court. The issues are (1) whether plaintiffs have demonstrated that Burke Vending’s activities have an effect upon interstate commerce sufficient to come within the scope of either federal antitrust laws or the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. (“RICO”); (2) whether even if such effect were demonstrated, defendants possess sufficient market power to render their activities unlawful under the antitrust rule of reason; and (3) whether the district court erred in finding that defendants had committed no acts of extortion or intimidation against plaintiffs as competitors or prospective witnesses. We affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

A.The Complaint

This dispute concerns alleged antitrust and racketeering law violations in claimed acts of violence and extortion by Burke Vending against its…