Frank J. Drach Audrey Drach v. American Kennel Club, Inc., a Corporation Mareth K. Kipp Frederick Kipp

53 F.3d 338 1995-1 Trade Cases P 71,011 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank J. DRACH; Audrey Drach, Plaintiffs-Appellants, v. AMERICAN KENNEL CLUB, INC., a corporation Mareth K. Kipp; Frederick Kipp, Defendants-Appellees. No. 93-16893. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1995. * Decided April 24, 1995. Before: TANG, SCHROEDER and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiffs Frank and Audrey Drach ("the Drachs") appeal the dismissal of their complaint by the district court on 12(b)(6) and lack of subject matter jurisdiction grounds. We affirm. A. Antitrust Claims 3 1. Section One of the Sherman Act ( 15 U.S.C. Secs. 1 , 15, 26) 4 We affirm the district court's dismissal of the Drachs' restraint of trade claim because of their failure to allege any injury to competition within the breeding and selling market. 5 To sustain a claim for restraint of trade, the Drachs must allege that competition has been injured rather…