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BOAT & MOTOR MART v. SEA RAY BOATS, INC.

No. 86-1962.

825 F.2d 1285 (1987)

BOAT & MOTOR MART, a corporation, Plaintiff-Appellant, v. SEA RAY BOATS, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1987.

As Amended August 25, 1987.

Attorney(s) appearing for the Case

Daniel S. Mason, San Francisco, Cal., for plaintiff-appellant.

Wynne S. Carvill, San Francisco, Cal., for defendant-appellee.

William A. Feinberg, Encino, Cal., C.M. Wendell Lee, San Francisco, Cal., Joel Zeldin, San Francisco, Cal., David Kaufmann, New York City, Mariam M. Morley, San Francisco, Cal., Gary J. Shapiro and Susan P. Strommer, Washington, D.C., for amici curiae.

Before CHAMBERS and NOONAN, Circuit Judges, and BRYAN, District Judge.

NOONAN, Circuit Judge:

Boat & Motor, Inc. (Boat), a California corporation, appeals from summary judgment in favor of Sea Ray Boats, Inc. (Sea Ray), an Arizona corporation. Jurisdiction is based on diversity of citizenship; California law applies. We affirm the district court.

FACTS

From 1964 until 1985 Boat sold power boats made by Sea Ray. Sea Ray is the second largest manufacturer of luxury power boats in the United States. Boat was the only...

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