MARSANN CO. v. BRAMMALL, INC.

No. 85-1580.

788 F.2d 611 (1986)

MARSANN COMPANY, a sole proprietorship, Plaintiff-Appellant, v. BRAMMALL, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1986.


Attorney(s) appearing for the Case

Thomas J. Gundlach, Law Offices of Thomas J. Gundlach, San Francisco, Cal., for plaintiff-appellant.

John L. Cooper, Farella, Braun & Martel, San Francisco, Cal., for defendant-appellee.

Before CHOY, SNEED, and BRUNETTI, Circuit Judges.


SNEED, Circuit Judge:

In this case, we must decide what is a plaintiff's burden of proof for establishing the element of predation in a predatory pricing claim when the alleged predatory price is afforded only to a select customer. The principal question presented is whether the average variable cost of a product, the standard against which a price is compared to establish predation, must be determined from costs uniquely incurred in the production of the particular...

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