Legal Opinion

May Department Store v. Graphic Process Company, and Bel-Aire & Associates, Inc.

Court of Appeals for the Ninth Circuit

Decided May 27, 1980No. 78-1228PublishedCited by 75 opinions

1Opinion of the Court

CHOY, Circuit Judge.

INTRODUCTION

This is a commercial bribery action for treble damages under the Clayton Act as *1213amended by section 2(c) of the RobinsonPatman Act, 15 U.S.C. § 13(c).1 The district court determined, without an opinion, that transactions between the parties were sales of services and not sales of “goods, wares, or merchandise” as required for an action under section 13(c). Summary judgment was granted to the defendant, Graphic Process Company (Graphic).

The historical facts are undisputed. We find, however, that the defendant failed to meet its burden of demonstrating that it was…

2Cases cited24 opinions

  1. Gulf Oil Corp. v. Copp Paving Co.Supreme Court of the United States · 1974
  2. Margaret Christine REED, Individually, Plaintiff-Appellant, v. LOCKHEED AIRCRAFT CORPORATION, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1980
  3. Aviation Specialties, Inc. v. United Technologies Corporation, Pratt-Whitney Aircraft of Canada, Ltd., and Airwork Division of Pacific Airmotive, Inc.Court of Appeals for the Fifth Circuit · 1978
  4. Mutual Fund Investors, Inc. v. Putnam Management Co.Court of Appeals for the Ninth Circuit · 1977
  5. California Pacific Bank, a California Banking Corporation v. Small Business Administration, an Agency of the United States GovernmentCourt of Appeals for the Ninth Circuit · 1977

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

3Cited by75 opinions

  1. Dcd Programs, Ltd. v. Michael W. Leighton, Hill, Farrer & BurrillCourt of Appeals for the Ninth Circuit · 1987
  2. Wolfgang Arnold v. International Business MacHines CorporationCourt of Appeals for the Ninth Circuit · 1981
  3. Donald H. Albrecht, and Joanne Albrecht v. William S. LundCourt of Appeals for the Ninth Circuit · 1988
  4. Jones v. Community Redevelopment Agency Of The City Of Los AngelesCourt of Appeals for the Ninth Circuit · 1984
  5. Mirmehdi v. United StatesCourt of Appeals for the Ninth Circuit · 2011

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

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