Toyo Tire v. Continental Tire

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TOYO TIRE HOLDINGS OF AMERICAS 

INC., as successor in interest to

TOYO TIRE INTERNATIONAL, INC.,

Plaintiff-Appellant, No. 10-55145 v. CONTINENTAL TIRE NORTH AMERICA,  D.C. No. 8:10-CV-00052-JVS INC., as successor in interest to

OPINION

GENERAL TIRE INC.; YOKOHAMA

CORPORATION OF AMERICA; GTY

TIRE CO.; and DOES 1-100, Defendants-Appellees.  Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted June 10, 2010—Pasadena, California

Filed June 17, 2010

Before: Dorothy W. Nelson and Ronald M. Gould, Circuit Judges, and James S. Gwin* District Judge.

Opinion by Judge Gwin

*The Honorable James S. Gwin, United States District Judge for the Northern District of Ohio, sitting by designation. COUNSEL

Steven B. Kinnaird and Joseph R. Profaizer, Paul, Hastings, Janofsky & Walker LLP, Washington, DC, and Donna M. D’Angelo Melby and Daniel Prince, Paul, Hastings, Janofsky & Walker LLP, Los Angeles, California, for the plaintiff- appellant. 9234 TOYO TIRE v.…