Alw, Inc., a Nevada Corporation, D/B/A Kings Castle Hotel and Casino v. United Air Lines, Inc. And Ual, Inc.

This is an appeal from an order of the district court granting summary judgment of dismissal. The complaint alleges violations of the federal antitrust laws and also contains allegations sounding in common law tort, breach of contract, or both. The court below accorded adequate treatment to the antitrust issues, but, finding the action to be “expressly predicated” on the antitrust laws, declined to discuss the common law claims.

Viewing the evidence adduced in the light most favorable to appellant, as we must, the facts may be summarized as follows. Appellant, ALW, Inc. d/b/a Kings Castle Hotel and Casino (hereinafter “K.C.”) operates a resort hotel in the Reno-Lake Tahoe, Nevada area. Appellee, United Air Lines, Inc. (hereinafter “United”), is one of several common carriers furnishing air service to Reno, but is the only scheduled airline operating a one-carrier service between Reno and the Eastern portion of the United States.

In early 1970 K.C. and United engaged in discussions concerning the development of a joint promotional campaign, the purpose of which was to advertise K.C. and thereby increase travel (via United) to Reno-Lake Tahoe and the appellant hotel. In…