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Norfolk Monument Co. v. Woodlawn Mem. Gardens, 394 U.S. 700 (1969)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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.
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Chicago:
U.S. Supreme Court, "Syllabus," Norfolk Monument Co. v. Woodlawn Mem. Gardens, 394 U.S. 700 (1969) in 394 U.S. 700 Original Sources, accessed July 30, 2025, http://originalsources.com/Document.aspx?DocID=AEK4TMF8EX8ZF4W.
MLA:
U.S. Supreme Court. "Syllabus." Norfolk Monument Co. v. Woodlawn Mem. Gardens, 394 U.S. 700 (1969), in 394 U.S. 700, Original Sources. 30 Jul. 2025. http://originalsources.com/Document.aspx?DocID=AEK4TMF8EX8ZF4W.
Harvard:
U.S. Supreme Court, 'Syllabus' in Norfolk Monument Co. v. Woodlawn Mem. Gardens, 394 U.S. 700 (1969). cited in 1969, 394 U.S. 700. Original Sources, retrieved 30 July 2025, from http://originalsources.com/Document.aspx?DocID=AEK4TMF8EX8ZF4W.
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