Legal Opinion

General Commercial Packaging, Inc. v. TPS Package Engineering, Inc.

Court of Appeals for the Ninth Circuit

Decided June 4, 1997No. Nos. 95-56336, 96-55060PublishedCited by 2 opinions

1Opinion of the Court

OPINION

2Per curiam

We decide whether a bargained-for contractual provision barring one party from courting a specific named customer, as opposed to an entire trade or industry or a significant portion of it, violates California’s prohibition against contracts in restraint of trade.

I

General Commercial Packaging (General Commercial) provides packing and crating services to businesses in Florida and California. It was hired by its long-standing customer, Walt Disney Companies (Disney), to package materials for transport to the new EuroDisneyland, and sought a subcontractor to help with the work in…

3Cases cited9 opinions

Better Food Markets, Inc. v. American District Telegraph Co.California Supreme Court · 1953
Hollingsworth Solderless Terminal Co., a Corporation v. William Turley, an Individual and Hoffman Electronics Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1980
Scott v. Snelling and Snelling, Inc.District Court, N.D. California · 1990
Bosley Medical Group v. AbramsonCalifornia Court of Appeal · 1984
Moss, Adams & Co. v. ShillingCalifornia Court of Appeal · 1986

4 more not listed; retrieve them via the Exa API.

4Cited by2 opinions

DuQUIN v. KOLBERTDistrict Court, W.D. New York · 2004
1997-1 Trade Cases P 71,831, 97 Cal. Daily Op. Serv. 4192, 97 Daily Journal D.A.R. 7070 General Commercial Packaging, Inc. v. Tps Package Engineering, Inc., an Arizona Corporation William Teags, General Commercial Packaging, Inc. v. Tps Package Engineering, Inc., an Arizona Corporation William TeagsCourt of Appeals for the Ninth Circuit · 1997