Breier

Breier v. Northern California Bowling Proprietors' Ass'n

Good Law
316 F.2d 787·7 Fed. R. Serv. 2d 249
United States Court of Appeals for the Ninth CircuitApril 17, 1963Nos. 17694, 17695California1,373 words

Opinion

Lead Opinion

Browning, J.

Appellants operate bowling establishments in the San Francisco Bay Area. Appellees are a number of appellants’ competitors, plus five local associations •of bowling establishment proprietors and the Bowling Proprietors’ Association of America. Appellants brought separate actions against appellees under the Antitrust Acts ( 15 U.S.C.A. §§ 1 and 15) •charging appellees with conspiring to fix prices for bowling in Northern California. It was alleged that appellees enforced their price-fixing agreement by excluding customers of non-cooperating bowling establishments from tournaments organized by appellees, thereby making it impossible for appellants and other non-cooperating bowling establishments to remain in business.

Appellees moved to dismiss the complaints for failure to state a claim upon which relief can be granted. The District Court concluded that the complaints failed to allege that the restraint was one upon commerce “among the several States” within the meaning of 15 U.S. C.A. § 1, and entered an order granting the motions to dismiss.

Appellants inquired whether the order was intended to preclude amendment of the complaints. The District Court responded that it thought…

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