Norfolk Monument Co. v. Woodlawn Mem. Gardens, 394 U.S. 700 (1969)

Norfolk Monument Co., Inc. v. Woodlawn Memorial Gardens, Inc.

No. 1040

Decided April 21, 1969
394 U.S. 700

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FOURTH CIRCUIT

Syllabus

Petitioner, a retailer of burial monuments and bronze grave markers, brought suit for damages and injunctive relief under §§ 4 and 16 of the Clayton Act, alleging that respondents had violated §§ 1 and 2 of the Sherman Act by conspiring to monopolize and monopolizing the manufacture and sale of bronze grave markers. After extensive pretrial discovery respondents’ motion for summary judgment was granted, the District Court concluding that there was no material issue of fact and no evidence of conspiracy. T he Court of Appeals affirmed.

Held: The alleged conspiracy had not been conclusively disproved by pretrial discovery, and there remained material issues of fact which could only be resolved by a jury after a plenary trial. "[S]ummary procedures should be used sparingly in complex antitrust litigation where motive and intent play leading roles. . . ." Poller v. Columbia Broadcasting System, 368 U.S. 464, 473.

Certiorari granted; 404 F.2d 1008, reversed.