Peter J. Allen Corp. v. California Furniture Shops, Ltd.

CONCLUSIONS OF LAW, FINDINGS OF FACT, AND MEMORANDUM OF DECISION GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

The motions of defendants California Furniture Shops, Limited (“Cal Shops”) and Goldeen’s, Inc. (“Goldeen”), for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure came on regularly for hearing before this Court on March 27, 1972. The Court having fully examined and considered defendants’ motions, all contentions of plaintiff and defendants pertaining to these motions, and all depositions, affidavits, memoranda and authorities cited therein, makes the following Findings of Fact and Conclusions of Law setting forth the facts which entitle defendants to summary judgment on the grounds that there is no genuine issue as to any material fact respecting the jurisdiction of this Court.

FINDINGS OF FACT

1. Plaintiff Peter J. Allen Corporation (“Allen”) for many years prior to filing its complaint before this Court on November 18, 1969, sold and presently continues to sell retail furniture and other home appointments in San Jose, California.

2. Among thé articles sold by Allen was Early American furniture (sometimes referred to as Colonial…