United States Eighth Circuit

In an antitrust conspiracy action, district court's grant of summary judgment for defendant is affirmed where: 1) court properly dismissed plaintiff's claim as plaintiff failed to exclude the possibility of independent action, attempted to characterize vertical constraints as a horizontal restraint conspiracy, and did not demonstrate the existence of any unlawful restraint of trade; 2) the court did not err in placing burden on plaintiff to show fraudulent concealment; 3) court properly dismissed the injurious falsehood conspiracy claim as plaintiff did not show a conspiracy existed; 4) court properly dismissed the RICO claim for failure to set forth predicate acts of mail and wire fraud with particularity; and 5) the court did not abuse its discretion in denying various discovery requests.

Appellate Information

• Decided 05/04/2009
• Published 05/04/2009

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• R. Dan Boulware, argued, R. Todd Ehlert, Todd H. Bartels, Sharon Kennedy, on the brief, St. Joseph, MO, for appellant.


• For Appellees:
  
• James Robert Sobieraj, argued, Chicago, IL, Thomas Walsh, St. Louis, MO, Cynthia A. Homan, Julie Leichtman, and Ralph J. Gabric, Chicago, IL, on the brief, for appellee.