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GENERAL BUSINESS SYSTEMS v. NORTH AM. PHILIPS CORP.

Nos. 80-4566, 81-4386 and 81-4391.

699 F.2d 965 (1983)

GENERAL BUSINESS SYSTEMS, a California corporation, Plaintiff-Appellant, v. NORTH AMERICAN PHILIPS CORPORATION, a Delaware corporation; Philips Business Systems, Inc., a Delaware corporation, and N.V. Philips Gloeilampenfabrieken, a Nederland corporation, Defendants-Appellees. NORTH AMERICAN PHILIPS CORPORATION, a Delaware corporation, et al., Counterclaim Plaintiffs-Appellants, v. GENERAL BUSINESS SYSTEMS, a California corporation; Shasta General Systems, a California corporation, Counterclaim Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1983.

Attorney(s) appearing for the Case

Jon Michaelson, Hopkins, Mitchell & Carley, Palo Alto, Cal., for General Business.

Forrest Hainline, Cooper, Kirkham, Hainline & McKinney, San Francisco, Cal., argued, Paul M. Rose, Brobeck, Phleger & Harrison, San Francisco, Cal., on brief, for defendants-appellees.

Before SNEED, FARRIS, and NORRIS, Circuit Judges.

SNEED, Circuit Judge:

In 1977, General Business Systems (GBS) initiated a federal antitrust suit against N.V. Philips Gloeilampenfabrieken (NVP), a Netherlands corporation, and its American subsidiaries, North American Philips Corporation (NAP) and Philips Business Systems, Inc. (PBSI). The defendants cross-claimed against GBS and its sister corporation, Shasta General Systems (Shasta), alleging both federal antitrust and state law causes of action. GBS later sought...

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