Colburn

ORDER

This matter is before the court on plaintiffs’ motion for class certification pursuant to Rule 23(c)(1), F.R.Civ.P.

This is an antitrust action alleging violations of Sections 1 and 2 of the Sherman Act ( 15 U.S.C. §§ 1 , 2) and Section 3 of the Clayton Act ( 15 U.S.C. § 14 ). Plaintiffs are former sewer cleaners who worked on a *681 commission basis for defendant F. E. Wray, Inc. (Wray), a Roto-Rooter Corporation franchisee doing business in the Bay Area. They seek certification of “all Roto-Rooter sewer cleaners in the United States working on a commission basis who, at any time from 1973 to the present have been damaged by the defendants’ tying and price-fixing conspiracy.” (Plaintiffs’ Memorandum in Support of Motion for Class Action Certification, at p. 1.) Only tying and vertical price fixing claims under Section 1 of the Sherman Act are raised by this putative class.

Plaintiffs claim they have satisfied all requirements of 23(a) and that this action is properly maintained under 23(b)(3). It is their burden to show these requirements have been met. Albertson’s, Inc. v. Amalgamated Sugar Company, 503 F.2d 459, 463 (10th Cir. 1974); Krehl v. Baskin-Robbins Ice Cream…