(dissenting).
I would affirm the March 30, 1967 Order of the District Court dismissing Counts I and II of the appellants’ Complaint for failure to state claims upon which relief can be granted, and dismissing Count III of the Complaint, without prejudice. I would do so for the reasons so well stated by District Judge Marsh in the Opinion which accompanied his stated Order.
This too must be said. Count III alleges conduct on the parts of the defendants in violation of the “Statutory and Common Law of Pennsylvania”, and jurisdiction is alleged to be pendent to the antitrust violations asserted in Counts I and II. The District Court dismissed these two counts on the ground that they failed to state a cause of action, and further dismissed Count III on the grounds that pendent jurisdiction did not exist for that reason, and that, assuming the contrary, “consideration of it [Count III] should be refused in a proper exercise of judicial discretion.” I can discern no basis for a holding that the District Court abused its discretion under the existing circumstances.