MUTUAL FUND INVESTORS, INC. v. PUTNAM MANAGEMENT CO.

No. 74-3359.

553 F.2d 620 (1977)

MUTUAL FUND INVESTORS, INC., a corporation, Mark Kruse, E. O. Garrett, Vernon Haddox, Jr., Lindsay Garnett, J. Bruce Taylor, Sr., Gilbert Shwanee, Plaintiffs-Appellants, v. The PUTNAM MANAGEMENT COMPANY, INC., a corporation, the George Putnam Fund of Boston, a voluntary association, the Putnam Growth Fund, a voluntary association, Putnam Investors Fund, Inc., a corporation, the Putnam Income Fund, Inc., a corporation, Putnam Fund Distributors, Inc., a corporation, Mutual Fund Associates, Inc., a corporation, Western Travelers Life Insurance Company, a corporation, Neil T. Ferguson, Edward J. Delehanty, Max Brumfield, Robert Johnson, Lowell B. Martin, Robert H. Gilbert, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 9, 1977.


Attorney(s) appearing for the Case

Hunt, Liljestrom & Wentworth, J. Gary Germann, Santa Ana, Cal., for plaintiff-appellants.

Charles W. Bender, O'Melveny & Myers, Los Angeles, Cal., Godfrey L. Munter, Jr., Cotton, Seligman & Ray, San Francisco, Cal., for defendants-appellees.

Before WRIGHT, KILKENNY and ANDERSON, Circuit Judges.


OPINION

EUGENE A. WRIGHT, Circuit Judge:

Appellants in this treble-damage antitrust action appeal from the entry of two summary judgments. The central question is the appropriateness of the summary judgment relief.

Mindful that summary judgments are disfavored in antitrust cases where motive or intent is critical, we are cognizant nevertheless that such relief, properly used, is a valuable means to avoid squandering judicial time and resources. Our...

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