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ARIZONA CARTRIDGE v. LEXMARK INTERN., INC

No. 03-16987.

421 F.3d 981 (2005)

ARIZONA CARTRIDGE REMANUFACTURERS ASSOCIATION INC., an Arizona not-for-profit corporation, individually, and on behalf of its members and the general public, Plaintiff-Appellant, v. LEXMARK INTERNATIONAL INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2005.

Attorney(s) appearing for the Case

Ronald S. Katz, Eugene L. Hahm, Manatt, Phelps & Phillips, LLP, for the plaintiff-appellant.

J. Thomas Rosch, James L. Day, Richard B. Ulmer Jr., Latham & Watkins, for the defendant-appellee.

Before: THOMAS and FISHER, Circuit Judges, and ROBART, District Judge.

FISHER, Circuit Judge:

Appellant Arizona Cartridge Remanufacturers Association ("ACRA"), an association of wholesalers that sell remanufactured printer cartridges, appeals the grant of summary judgment to cartridge-maker Lexmark on claims that Lexmark engaged in deceptive and unfair business practices in violation of California law. The dispute arises from Lexmark's advertising of its "Prebate" program, under which it gives purchasers an upfront discount in exchange...

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