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Monument Builders of Pennsylvania, Inc. v. American Cemetery Ass'n

U.S. Court of Appeals, Third Circuit


decided: July 6, 1995.

MONUMENT BUILDERS OF PENNA., INC. AND OTHER SIMILARLY SITUATED
v.
AMERICAN CEMETERY ASSN.; CEMETERY ASSOCIATION OF PENNSYLVANIA; JAS. H. MATTHEWS & CO.; ABINGTON HILLS CEMETERY, INC.; HYDE PARK CEMETERY, CO., INC.; ST. CATHERINE'S CEMETERY; CATHEDRAL CEMETERY; HOLY CROSS CEMETERY; CEMETERY MANAGEMENT SERVICES, EAST, INC., DBA SHADY LANE CEMETERY, INC., DBA FAIRVIEW MEMORIAL PARK CO., INC.; VALLEY VIEW CEMETERY, INC.; CANAAN CORNERS CEMETERY, INC.; ST. MICHAEL'S CEMETERY; ARLINGTON CEMETERY CO.; ELMWOOD MEMORIAL PARK CEMETERY; GLENWOOD MEMORIAL GARDENS, INC.; LAWN CROFT CEMETERY; THE NORTHWOOD CEMETERY CO.; ROLLING GREEN MEMORIAL PARK, INC.; ROOSEVELT MEMORIAL PARK; PHILADELPHIA MEMORIAL PARK, INC.; VALLEY FORGE GARDENS, INC.; WESTMINSTER CEMETERY CO.; BLAIR MEMORIAL PARK, INC.; ALTO-RESTE PARK CEMETERY ASSOCIATION, DBA ALTO-RESTE PARK CEMETERY; CALVARY CEMETERY ASSOCIATION, DBA CALVARY CEMETERY; EASTLAWN CEMETERY ASSOCIATION, DBA EASTLAWN CEMETERY; OAK RIDGE CEMETERY ASSOCIATION, DBA OAK RIDGE CEMETERY; THE PRESBYTERIAN CEMETERY; ST. MARY'S RECTORY, DBA ST. MARY'S CEMETERY; NEW ST. JOSEPH CEMETERY AND MAUSOLEUM; JEFFERSON MEMORIAL PARK; MCKEESPORT AND VERSAILLES CEMETERY; RESTLAND-LINCOLN MEMORIAL PARKS, INC., AKA REST LAND MEMORIALS PARK; HOLY TRINITY CHURCH, DBA CALVARY CEMETERY; ST. ELIAS CEMETERY; ST. JOSEPH CEMETERY; HOLY TRINITY CEMETERY; CEMETERY MANAGEMENT SERVICE COMPANY OF PENNSYLVANIA; DBA MOUNT ROYAL CEMETERY, DBA ALLEGHENY COUNTY MEMORIAL PARK, DBA BEDFORD COUNTY MEMORIAL PARK; THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, DBA BRADDOCK CATHOLIC CEMETERY, DBA CALVARY CEMETERY AND DBA GOOD SHEPERD CEMETERY, WILMERDING, PA, DBA GOOD SHEPARD CEMETERY, MONROEVILLE, PA; GRANDVIEW CEMETERY; ARLINGTON MEMORIAL PARK; CEDAR HILL MEMORIAL PARK, INC.; FORKS CHURCH CEMETERY; GREENWOOD CEMETERY ASSOCIATION, DBA GREENWOOD CEMETERY; HIGHLAND MEMORIAL PARK; HOPE CEMETERY ASSOCIATION, DBA HOPE CEMETERY; NORTHAMPTON MEMORIAL SHRINE, INC.; TRINITY EVANGELICAL LUTHERAN CHURCH, DBA PLAINFIELD CEMETERY AND DBA WIND GAP CEMETERY; RIEGELSVILLE UNION CEMETERY; WOODLAWN MEMORIAL PARK ASSOCIATION, DBA WOODLAWN MEMORIAL PARK; CHELTON HILLS CEMETERY CO.; FOREST HILLS CEMETERY; GEORGE WASHINGTON MEMORIAL PARK, INC.; DBA GEORGE WASHINGTON MEMORIAL PARK AND MAUSOLEUM; GREENMOUNT CEMETERY; HILLSIDE CEMETERY COMPANY; MONTROSE CEMETERY, INC.; DBA MONTROSE CEMETERY COMPANY; THE OAKLAND CEMETERY CO., DBA OAKLAND CEMETERY; ROSEDALE MEMORIAL PARK; SUNSET MEMORIAL PARK CO.; UKRANIAN CATHOLIC CATHEDRAL OF THE IMMACULATE CONCEPTION, DBA ST. MARY'S CEMETERY; SCHUYKILL MEMORIAL PARK, INC.; TREE OF LIFE CONGREGATION, DBA TREE OF LIFE MEMORIAL PARK; TEMPLE SINAI MEMORIAL PARK; CATHOLIC CEMETERIES OF LAWRENCE COUNTY; CASTLEVIEW MEMORIAL GARDENS; ALLEGHENY CEMETERY, INCORPORATED, DBA ALLEGHENY CEMETERY; THE HOMEWOOD CEMETERY; HARRISBURG CATHOLIC DIOCESES, DBA ALL SAINTS CEMETERIES, DBA ST. JOSEPH CEMETERY, DBA MOTHER OF CONSOLATION, DBA OUR LADY OF MOUNT CARMEL, DBA HOLY CROSS, DBA ST. PETERS, DBA ST. STANISLAUS, DBA ST. MICHAELS, DBA S. S. PETER AND PAUL; TWIN VALLEY MEMORIAL PARK; CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF SCRANTON; MOORESTOWN CEMETERY ASSOCIATION; EASTON CEMETERY ASSOCIATION; LOWER TOWNAMENSING CEMETERY ASSOCIATION; HOLY FAMILY CHURCH CEMETERY; GREENE COUNTY MEMORIAL PARK; AND ALL OTHERS SIMILARLY SITUATED; WAYMART CEMETERY CO., INC.; ABINGTON HILLS CEMETERY, INC., AND HYDE PARK CEMETERY CO., INC., APPELLANTS

Appeal from the United States District Court for the Eastern District of Pennsylvania. (D.C. Civil No. 84-cv-03014). District Judge: Honorable E. Mac Troutman.

Before: Hutchinson, Roth and Garth, Circuit Judges

Author: Garth

Affirmed.

19950706


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