COMEDY CLUB, INC. v. IMPROV WEST ASSOCIATES

Nos. 05-55739, 05-56100.

514 F.3d 833 (2008)

COMEDY CLUB, INC., a Louisiana corporation; Al Copeland Investments, Inc., a Louisiana corporation, Plaintiffs-Appellants, v. IMPROV WEST ASSOCIATES, a California Limited Partnership; California Comedy, Inc., a California corporation, Defendants-Appellees. Comedy Club, Inc., a Louisiana corporation; Al Copeland Investments, Inc., a Louisiana corporation, Plaintiffs-Appellants, v. Improv West Associates, a California Limited Partnership; California Comedy, Inc., a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2007.

Amended January 23, 2008.


Attorney(s) appearing for the Case

Karina B. Sterman, Kelly O. Scott, Ervin, Cohen & Jessup LLP, Beverly Hills, CA, for appellants Comedy Club, Inc. and Al Copeland Investments, Inc.

Robert N. Klieger, Irell & Manella LLP, Los Angeles, CA, for appellees Improv West Associates and California Comedy, Inc.

Before: JEROME FARRIS and RONALD M. GOULD, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.


ORDER AND AMENDED OPINION

ORDER

The opinion filed on September 7, 2007 and published at 502 F.3d 1100 is AMENDED as follows.

The final parenthetical in the first full paragraph on page 1114 states:

(reasoning that a contract can not place "a substantial segment of the market off limits").

The final parenthetical in the first full paragraph on page 1114 is deleted in its entirety and replaced with the following:

(reasoning...

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