
In D.M. Research Inc.
v. College of American Pathologists, plaintiff was a manufacturer of
reagents and chemicals, and defendant was an accrediting and standards
organization. The court dismissed the action for failure to state a claim. The
court held that the plaintiff’s claims were conclusory and unsupported by a
factual investigation. They alleged only that there was a conspiracy, with no
other evidence. The court noted that in antitrust cases, the evidence presented
must be of a higher caliber than what one would normally anticipate. See the Union Carbide
case
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