These appeals arise from two related antitrust cases filed in the United States District Court for the District of Delaware: Howard Hess Dental Laboratories, Inc. Although for slightly different reasons than those articulated by the District Court, we agree with the District Court's conclusions and will affirm its rulings. In the second case, we must decide whether the District Court properly dismissed the plaintiffs' conspiracy to restrain trade and conspiracy to monopolize claims against both the manufacturer and its dealers for failure to state a claim. In the first of the two cases, we must decide whether the District Court properly denied the plaintiffs' motion for summary judgment on their monopolization claim against the manufacturer as well as the Court's denial of the plaintiffs' motion for reconsideration of its summary judgment ruling and subsequent dismissal of their complaint. These two antitrust cases, brought by two dental laboratories against an artificial tooth manufacturer and many of its dealers, are before us for the second time. Scott Reese, Cooch & Taylor, Wilmington, DE, for JB Dental Supply Co., Inc. Zwisler, Latham & Watkins, Washington, DC, for Patterson Dental Company. Wade, Richards, Layton & Finger, Wilmington, DE, Margaret M. Maron, Maron, Marvel, Bradley & Anderson, Wilmington, DE, for Pearson Dental Supplies, Inc. Gallagher, Jr., Connolly, Bove, Lodge & Hutz, Wilmington, DE, for Darby Dental Laboratory Supply Co., Inc. Enerio, Proctor Heyman, Wilmington, DE, for Burkhart Dental Supply Co. Parson, Drinker, Biddle & Reath, Wilmington, DE, for Benco Dental Co. Saint-Antoine (Argued), Drinker, Biddle & Reath, Philadelphia, PA, Darryl A. Drane, Jr., Potter, Anderson & Corroon, Wilmington, DE, for Accu Bite, Inc., Hendon Dental Supply, Inc., and Henry Schein, Inc. Zwisler (Argued), Latham & Watkins, Washington, DC, for Dentsply International, Inc. Dubbs (Argued), Richard Joffe, Labaton Sucharow, New York, NY, for Appellants. Decided: April 16, 2010īefore: FUENTES and FISHER, Circuit Judges, and DIAMOND,* District Judge. Zila, Inc., as successor to Ryker Dental of Kentucky, Inc. Patterson Dental Company, its subsidiaries, predecessors, successors, assigns, affiliates and related companies Pearson Dental Supplies, Inc. Kentucky Dental Supply Company, Inc., a/k/a KDSC Liquidation Corp. Jahn Dental Supply Company JB Dental Supply Co., Inc. Henry Schein, Inc., and its affiliates including, without limitation, Zahn Dental Co., Inc. Edentaldirect.Com, Inc., as successor to Crutcher Dental, Inc., d/b/a Larry Hyman, as Assignee for the Benefit of Creditors of EdentalDirect.Com, Inc. Arnold Dental Supply Company Atlanta Dental Supply Company Benco Dental Company Burkhart Dental Supply Company Darby Dental Laboratory Supply Co., Inc. Jersey Dental Laboratories, f/k/a Howard Hess Dental Laboratories Incorporated and Philip Guttierez, d/b/a Dentures Plus, on behalf of themselves and all others similarly situated, Appellants v. HOWARD HESS DENTAL LABORATORIES INCORPORATED and Philip Guttierez d/b/a Dentures Plus, on behalf of themselves and all others similarly situated, Appellants v. United States Court of Appeals,Third Circuit.
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