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FOREMOST PRO COLOR v. EASTMAN KODAK CO.

No. 80-5629.

703 F.2d 534 (1983)

FOREMOST PRO COLOR, INC., a California corporation, individually and on behalf of all other similarly situated, Plaintiff-Appellant, v. EASTMAN KODAK COMPANY, a New Jersey corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 23, 1983.

Attorney(s) appearing for the Case

Robert C. Fortune (argued), Downey, Cal., for plaintiff-appellant.

Neil M. Soltman (argued), Philip F. Westbrook, Thomas M. McCoy, O'Melveny & Myers, Los Angeles, Cal., for defendant-appellee.

Before GOODWIN, WALLACE, and PREGERSON, Circuit Judges.

WALLACE, Circuit Judge:

Foremost Pro Color, Inc. (Foremost) appeals from the district court's judgment for Eastman Kodak Co. (Kodak). The district court dismissed Foremost's antitrust claims for failure to state a claim upon which relief could be granted. The court then granted Kodak's motion for summary judgment on four of Foremost's five breach of contract claims. After Foremost voluntarily dismissed the remaining contract claim, the district court entered final...

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