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JBL ENTERPRISES, INC. v. JHIRMACK ENTERPRISES, INC.

Nos. 82-4102, 82-4107.

698 F.2d 1011 (1983)

JBL ENTERPRISES, INC., dba Jhirmack of Utah; Jean Robinson, dba Jhirmack of Idaho and Jhirmack of Boise; Lois Jean Million, dba Jhirmack of North Central Indiana, Plaintiffs-Appellants, v. JHIRMACK ENTERPRISES, INC., Defendant-Appellee. Al BOOTH and Thelma R. Bean, individually; Jhirmack of Washington, D.C., Inc.; Walter R. Cecchini, Jr., individually; and Jhirmack of Southwestern Pennsylvania, Inc., Plaintiffs-Appellants, v. JHIRMACK ENTERPRISES, INC.; Irene Redding, Albert L. Schwartz, and Gary McCord, individually; International Playtex, Inc.; Joel E. Smilow, individually; and Esmark, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1983.

Attorney(s) appearing for the Case

John A. Kithas, Kithas & Lamont, San Francisco, Cal., Hugh Latimer, Bergson, Borkland, Margolis & Adler, Washington, D.C., for JBL.

Eugene Crew, Mark J. LeHocky, Khourie & Crew, San Francisco, Cal., for International Playtex.

William Lukens, Lukens, St. Peter & Cooper, San Francisco, Cal., for Jhirmack Enterprises.

Before MERRILL, DUNIWAY and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

These appeals arose out of a common scenario. The plaintiffs in both actions are former distributors of defendant Jhirmack Enterprises, Inc. ("Jhirmack"). When their contractual relationships broke down, the disappointed parties sought solace (and treble damages) from the court, alleging various antitrust violations and related contract and tort claims. Following summary judgment in favor of the defendants, the plaintiffs appeal. We affirm...

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