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GORLICK DIST. CENTERS v. CAR SOUND EXHAUST SYS.

No. 10-36083.

723 F.3d 1019 (2013)

GORLICK DISTRIBUTION CENTERS, LLC, a Washington limited liability company, Plaintiff-Appellant, v. CAR SOUND EXHAUST SYSTEM, INC., Defendant, and Allied Exhaust Systems, Inc., a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted June 19, 2012.

Filed July 19, 2013.

Attorney(s) appearing for the Case

David C. Lundsgaard (argued) and Diane M. Meyers , Graham & Dunn PC, Seattle, WA, for Plaintiff-Appellant.

Timothy G. Leyh (argued), Randall T. Thomsen and Katherine Kennedy , Danielson Harrigan Leyh & Tollefson LLP, Seattle, WA, for Defendant-Appellee.

Before: ALEX KOZINSKI, Chief Judge, RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

PER CURIAM:

Plaintiff Gorlick Distribution Centers and defendant Allied Exhaust Systems compete fiercely in the auto parts markets in Washington, Oregon and California. Gorlick believed that Allied was receiving favorable prices from a manufacturer, and thus turned from the marketplace to the courts. We must decide whether Allied (1) knowingly received discriminatory prices not justified by savings to the manufacturer, in violation of the Robinson...

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