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.