IMAGE TECHNICAL SERVICE, INC. v. EASTMAN KODAK CO.

No. 88-2686.

903 F.2d 612 (1990)

IMAGE TECHNICAL SERVICE, INC., a California corporation; J-E-S-P Company, Inc., a New Jersey corporation; Shields Business Machines, Inc., a Pennsylvania corporation; Micrographic Services, Inc., a Missouri corporation; Micro Maintenance, Inc., an Illinois corporation; Atlanta General Microfilm Co., Inc., a Georgia corporation; Roger Katona, doing business as G. & S. Electronics; Amtech Equipment Maintenance, Inc., a Minnesota corporation; Advanced Systems Services, Inc., a Colorado corporation; B.C.S. Technical Services, Inc., a Colorado corporation; Bob Ingle, Inc., a Missouri corporation; Data Prox Equipment Co., a New Jersey corporation; Fisher Micrographics, Inc., a Missouri corporation; I.O.A. Data Corp., a New York corporation; Searle Enterprises, doing business as Micro Image, Inc.; Midwest Microfilm Equipment & Service, Inc., a Minnesota corporation; Omin Micrographic Services, Inc.; and CPO, Ltd., a California corporation, Plaintiffs-Appellants, v. EASTMAN KODAK CO., a New Jersey corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1990.


Attorney(s) appearing for the Case

James A. Hennefer, Law Offices of James A. Hennefer, San Francisco, Cal., for plaintiffs-appellants.

Donn P. Pickett, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for defendant-appellee.

Before CHAMBERS, WALLACE and WIGGINS, Circuit Judges.


WIGGINS, Circuit Judge:

Appellants are independent service organizations, or ISOs, that service copier and micrographic equipment manufactured by appellee Eastman Kodak Co. They appeal summary judgment dismissing their anti-trust claims against Kodak. We reverse and remand.

At the heart of this case are two of Kodak's business policies: First, Kodak will not sell replacement parts for its equipment to Kodak equipment owners unless they agree not to use ISOs...

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