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 7 opinions

1Opinion of the Court

*1132OPINION

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

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

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4Cited by7 opinions

  1. Comedy Club, Inc. v. Improv West AssociatesCourt of Appeals for the Ninth Circuit · 2009
  2. International Business MacHines Corporation v. Dr. Christopher H. Bajorek, Chris Bajorek v. International Business MacHines CorporationCourt of Appeals for the Ninth Circuit · 1999
  3. Latona v. Aetna U.S. Healthcare Inc.District Court, C.D. California · 1999
  4. Comedy Club, Inc. v. Improv West AssociatesCourt of Appeals for the Ninth Circuit · 2007
  5. Comedy Club, Inc. v. Improv West AssociatesCourt of Appeals for the Ninth Circuit · 2008

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