DRINKWINE v. FEDERATED PUBLICATIONS, INC.

Nos. 84-4193, 84-4363.

780 F.2d 735 (1985)

Philip J. DRINKWINE and Sac Enterprises, Inc., Plaintiffs-Appellants, v. FEDERATED PUBLICATIONS, INC., a Delaware Corporation and Gannett Co., Inc., a Delaware corporation, Defendants/Respondents.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1985.

Designated for Publication January 16, 1986.


Attorney(s) appearing for the Case

James E. Risch, Risch, Goss, Insinger, & Salladay, Boise, Idaho, for plaintiffs-appellants.

P. Craig Storti, Robert L. Bilow, Edwin V. Apel, Jr., Hawley, Troxell, Ennis, & Hawley, Boise, Idaho, for defendants, respondents.

Before WRIGHT, PREGERSON, and ALARCON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

In 1977, Drinkwine started a business of preparing and selling local display advertising to merchants. The ads were printed in a separate publication called the "shopper" and then inserted and distributed with Boise's local paper, the Idaho Statesman.1

Drinkwine went out of business and sued the Statesman's publisher, Federated Publishers, Inc., and Federated's parent, Gannett Co., Inc., alleging...

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