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FAULKNER ADVERTISING ASSOC. v. NISSAN MOTOR CORP.

No. 89-1548.

905 F.2d 769 (1990)

FAULKNER ADVERTISING ASSOCIATES, INC., Plaintiff-Appellant, v. NISSAN MOTOR CORPORATION IN U.S.A., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1990.

Attorney(s) appearing for the Case

Robert Gene Levy, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., for plaintiff-appellant.

John J. Hanson, Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendant-appellee.

Berryl A. Speert, Harry J. Katrichis, A. David Demiray, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on the brief, for plaintiff-appellant.

Peter Sullivan, Robert W. Denton, Gibson, Dunn & Crutcher, Los Angeles, Cal., Lewis A. Noonberg, H. Mark Stichel, Piper & Marbury, Baltimore, Md., on the brief, for defendant-appellee.

Before ERVIN, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

ERVIN, Chief Judge:

Faulkner Advertising Associates, Inc. ("Faulkner") brought this action against Nissan Motor Corporation in U.S.A. ("Nissan"), alleging that Nissan was engaged in an illegal "tying" arrangement in violation of the Sherman Antitrust Act, 15 U.S.C. §§ 1 et seq. The district court granted Nissan's motion to dismiss this case under Federal Rule of Civil Procedure 12(b)(6) because of Faulkner's failure to state a

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