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ROBERTS v. ELAINE POWERS FIGURE SALONS, INC.

No. 81-4647.

708 F.2d 1476 (1983)

Edward J. ROBERTS, et al., Plaintiffs-Appellants, v. ELAINE POWERS FIGURE SALONS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

Judy R. Campos, Hefner, Stark & Marios, Sacramento, Cal., for defendants-appellees.

Charles P. Wolff, Furth, Fahrner, Bluemle & Mason, San Francisco, Cal., for plaintiffs-appellants.

Before MERRILL, Senior Circuit Judge, BOOCHEVER, Circuit Judge, and SMITH, Senior District Judge.

BOOCHEVER, Circuit Judge:

This is an appeal from entry of summary judgment on a claim of unlawful tying in violation of the Sherman Act. The district court held that there was no unlawful per se tying arrangement between the sale of a franchise (the alleged tying product) and bookkeeping services (the alleged tied product) provided by an independent corporation. We hold that this case is not appropriate for summary judgment because there are genuine issues of material...

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