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DATAGATE, INC. v. HEWLETT-PACKARD CO.

No. 88-15293.

941 F.2d 864 (1991)

DATAGATE, INC., a corporation, Plaintiff-Appellant, v. HEWLETT-PACKARD CO., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred November 22, 1989.

Resubmitted July 30, 1991.

Decided August 7, 1991.

Attorney(s) appearing for the Case

Craig S. Ritchey and Karen E. Wentzel, Blase, Valentine & Klein, Palo Alto, Cal., for plaintiff-appellant.

Kurt W. Melchior, Nossaman, Guthner, Knox & Elliott, San Francisco, Cal., S.T. Jack Brigham, III and Marcia Howe Adams, Palo Alto, Cal., and Robert A. Skitol, Pepper, Hamilton & Scheetz, Washington, D.C., for defendant-appellee.

Before GOODWIN, SCHROEDER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Datagate, Inc. ("Datagate") appeals the district court's order granting summary judgment for defendant Hewlett-Packard Company ("HP") and denying Datagate's motion for disqualification of the district judge in an underlying action in which Datagate brought claims against HP for violation of the Sherman Antitrust Act. We reverse the district court's judgment with respect to Datagate's claim for injunctive relief and remand for a determination...

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