Patrick J. Germon v. The Times Mirror Company, a Corporation

This is an appeal from an order denying appellant’s motion for a preliminary injunction to restrain termination of his newspaper distributorship. We affirm.

Appellant was a home delivery dealer for the Los Angeles Times from 1964 until his termination in May, 1974. “Home delivery dealers” are responsible for distribution, and sales of the Times to home subscribers in designated areas, while “street sale dealers” service retail accounts and vending machine purchasers.

Appellant also was one of 19 persons who, on April 30, 1973, filed an antitrust action against Times Mirror, which publishes the Times. That action is pending in district court. McKinsey v. The Times Mirror Co., No. 73-946-EC (C.D.Cal. 1973).

Appellant was notified on April 24, 1974 of his impending termination, pursuant to a provision in Germon’s Home Delivery Dealer Agreement allowing Times Mirror to terminate on 30 days written notice.

The letter of termination states that the action had been taken because of Germon’s role in an April 14, 1974 altercation with a long-time customer of the company and his son. The incident had occurred while Germon was attempting to set up a newspaper rack outside a…