Where a purchaser of spray foam equipment filed an antitrust class action against a manufacturer and its subsidiary and distributors for allegedly conspiring to restrain trade, the district court’s dismissal of the action on the pleadings is affirmed because the plaintiff did not plead enough facts to suggest that either an express or implied agreement was made, and the complaint failed to sufficiently allege the existence of a conspiracy or concerted action.
Judgment is affirmed.
Insulate SB, Inc. v. Advanced Finishing Systems, Inc. (MLW No. 68199/Case No. 14-2561 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.) Appealed from U.S. District Court, District of Minnesota, Montgomery, J. (Joshua P. Davis, San Francisco, argued for appellant) (Stephen Paul Safranski, Minneapolis, and Christopher R. Morris, Minneapolis, argued for appellees).