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CATALANO, INC. v. TARGET SALES, INC.

Nos. 77-2221, 77-2222.

605 F.2d 1097 (1979)

CATALANO, INC., et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. TARGET SALES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 23, 1979.

Attorney(s) appearing for the Case

James P. Samarco, Fresno, Cal., William L. Riley, Orrick, Herrington, Rowley & Sutcliffe, Jack B. Owens (argued), San Francisco, Cal., for plaintiffs-appellants.

G. Richard Doty, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., J. Wallace Upton, Kimble, MacMichael, Jackson D. Upton, Fresno, Cal., Ted R. Frame, Frame & Courtney, Coalinga, Cal., for defendants-appellees.

Before WALLACE and SNEED, Circuit Judges, and BLUMENFELD, District Judge.

SNEED, Circuit Judge:

Plaintiffs, a conditionally certified class of beer retailers doing business within the Fresno area, appeal from a ruling that defendants' alleged credit fixing agreement was not per se illegal, but rather must be proven illegal under the rule of reason standard. Catalano, Inc. and C & C Food Marts, Inc. (hereinafter Catalano), two named plaintiffs, also appeal from a summary judgment of the district court adjudging that neither plaintiff...

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