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Question
Rockchalk Paving Co., a Kansas firm, paves public streets and highways in Kansas and the surrounding states of Nebraska, Colorado, Oklahoma, and Missouri. Wildcat Pavers, Inc., a paving contractor that competes with Rockchalk in Kansas, Oklahoma, and Missouri, filed suit against Rockchalk and Jayhawk Corp., another paving contractor. Wildcat alleges that Rockchalk owns 65 percent of the outstanding stock of Jayhawk and that the defendants violated Sections 1 and 2 of the Sherman Act by engaging in collusive bid-rigging practices. The defendants have moved to dismiss for failure to state a cause of action. Should their motion be granted? Explain your reasoning.
Answer
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