Domel, Inc., D/B/A Sail Drug & Discount Centers v. Aetna Life & Casualty Aetna Health Plans of California, Inc.

99 F.3d 1145 1996-2 Trade Cases P 71,632 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. DOMEL, INC., d/b/a Sail Drug & Discount Centers, Plaintiff-Appellant, v. AETNA LIFE & CASUALTY; Aetna Health Plans of California, Inc., Defendants-Appellees. No. 95-15977. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 10, 1996. Decided Oct. 15, 1996. Before: GOODWIN, WALLACE, and RYMER, Circuit Judges. MEMORANDUM 1 Domel, Incorporated (Domel) appeals from the district court's judgment dismissing its action with prejudice pursuant to 12(b)(6) of the Federal Rules of Civil Procedure. The district court exercised jurisdiction under 28 U.S.C. §§ 1331 and 1337. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm. 2 In its complaint, Domel alleged that Aetna Life & Casualty Company (Aetna) violated the antitrust laws in three ways. First, it contended that Aetna attempted and conspired to monopolize the…