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BETASEED, INC. v. U AND I INC.

Nos. 80-3490, 80-3514.

681 F.2d 1203 (1982)

BETASEED, INC., Plaintiff-Appellant, v. U AND I INCORPORATED, Defendant-Appellee. U AND I INCORPORATED, Counterclaimant, Cross-Appellant, v. BETASEED, INC., Washington Sugar Beet Growers Association, the members and affiliates of the Washington Sugar Beet Growers Association, Does 1 to 1500, inclusive, Counterclaim-Defendants, Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 23, 1982.

Rehearing and Rehearing Denied September 16, 1982.

Attorney(s) appearing for the Case

Peter S. Hendrixson, Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., for plaintiff-appellant.

Michael H. Salinsky, Pillsbury, Madison & Sutro, San Francisco, Cal., for U and I Inc.; Parker A. Maddux, San Francisco, Cal., on brief.

Before KILKENNY, ANDERSON and ALARCON, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 16, 1982.

ALARCON, Circuit Judge:

These appeals present, in the context of a private antitrust lawsuit, the familiar issue of whether the district court properly granted the parties' respective motions for summary judgment. In its complaint, Betaseed, Inc., alleges that U & I Inc. violated the Sherman Act's proscription against tying arrangements, reciprocal dealings, and monopolization. 15 U.S.C. §...

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