DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081451P.pdf 05/04/2009 Nitro Distributing v. Alticor
U.S. Court of Appeals Case No: 08-1451
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Wollman, Author, with Chief Judge Loken and Shepherd,
Circuit Judges]
Civil Case - RICO. Dismissal of antitrust conspiracy claim was
appropriate, as appellants failed to exclude the possibility of independent
action, attempted to characterize vertical constraints as a horizontal
restraint conspiracy, and did not demonstrate existence of any unlawful
restraint of trade. District court did not err in placing burden on
appellants to show fraudulent concealment. Injurious falsehood
conspiracy claim was properly dismissed because appellants did not show
conspiracy existed, allowing Amway to be held liable fore statements of
coconspirators. Dismissal of tortious interference claim was not error.
Dismissal without prejudice of RICO claim for failure to set forth
predicate acts of mail and wire fraud with particularity was not error and
district court did not abuse its discretion in denying second motion for
extension. District court did not abuse its discretion in addressing
discovery issues.