Appeals Court Upholds Tossing Of Stone Suit

Law360, New York (October 23, 2007, 12:00 AM EDT) -- An appellate court said Tuesday that a lower court was right to dismiss a complaint alleging a stone supplier monopolized the market for manufacturing and distributing crushed stone after pushing out competitors.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled that the plaintiff, Port Dock Holdings Corp., failed to show that it suffered an antitrust injury or to properly state a claim.

Port Dock, which brought the case, bought crushed stone or aggregate from Tilcon Inc., a subsidiary of Oldcastle...
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