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AMERICAN AIRLINES v. CHRISTENSEN

No. 91-4047.

967 F.2d 410 (1992)

AMERICAN AIRLINES, Plaintiff/Counter-Defendant-Appellee, v. Randall CHRISTENSEN, Coupon Connection, Ernest W. Carlson, Bruce H. Briggs, Robert J. Baumann, Curtis R. Sweeten and Tonya K. Sweeten, Defendants-Appellants, Platinum World Travel and Texas Budget Flights, Inc., dba "Texas Traveler", Defendants / Counter-claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 17, 1992.

Attorney(s) appearing for the Case

Paul D. Newman of Ray, Quinney & Nebeker, Salt Lake City, Utah (Rick B. Hoggard of Ray, Quinney & Nebeker, Samuel Alba and M. David Eckersley of Prince, Yates & Geldzahler, Salt Lake City, Utah, and Scott Wangsgard of Conder & Wangsgard, West Valley City, Utah, with him on the brief), for defendants-appellants.

Richard A. Rothman of Weil, Gotshal & Manges, New York City (Bonnie Garone and Kenneth L. Metzner of Weil, Gotshal & Manges, New York City, and Stewart M. Hansen, Jr. and Paul M. Simmons of Suitter Axland Armstrong & Hanson, Salt Lake City, Utah, with him on the brief), for plaintiff-appellee.

Before TACHA, BALDOCK, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This appeal raises three issues. First, did the district court err by holding that the Plaintiff's "no-sale" rule was enforceable as a matter of law without undertaking an analysis of its "reasonableness"? Second, did the Plaintiff demonstrate an injury sufficient to warrant a partial summary judgment as to liability and the issuance of a permanent injunction? And third, was there sufficient proof to hold each of the individual Defendants liable...

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