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HARKINS AMUSEMENT ENTERPRISES, INC. v. HARRY NACE CO.

Nos. 87-2388, 87-15164.

890 F.2d 181 (1989)

HARKINS AMUSEMENT ENTERPRISES, INC., Plaintiff-Appellant, v. HARRY NACE COMPANY; UA Communications, Inc.; United Artists Corporation; United Film Distributors; American Multi-Cinema, Inc.; Orion Pictures Corporation; Sargoy Stein Hanft; AMC Entertainment; AMC Film Marketing, Inc.; Warner Brothers Picture Corporation; Embassy Pictures, now known as Delaurentis Entertainment Group, Inc.; Universal Film Exchange, Inc., now known as Universal City Studios, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 1989.

Attorney(s) appearing for the Case

David N. Farren, Shimmel, Hill, Bishop & Gruender, Phoenix, Ariz., for plaintiff-appellant.

John P. Frank, Lewis and Roca, John Amabile, Sargoy, Stein & Hanft, Phoenix, Ariz., and Joel Linzner, Khourie, Crew & Jaeger, San Francisco, Cal., for defendants-appellees.

Before WALLACE, TANG and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Harkins Amusement Enterprises, Inc. (the plaintiff) brought suit alleging violations of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2 and Arizona law. The defendants were distributors and exhibitors of moving pictures and persons connected with these activities. The district court granted summary judgment to the defendants. We affirm in part and reverse in part and remand for...

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