Westinghouse Electric Corporation, a Corporation v. Cx Processing Laboratories, Inc., a Corporation, Westinghouse Electric Corporation, a Corporation v. Cx Processing Laboratories, Inc., a Corporation

523 F.2d 668 1975-2 Trade Cases 60,508 , 18 UCC Rep.Serv. 625 WESTINGHOUSE ELECTRIC CORPORATION, a corporation, Plaintiff-Appellant, v. CX PROCESSING LABORATORIES, INC., a corporation, Defendant-Appellee. WESTINGHOUSE ELECTRIC CORPORATION, a corporation, Plaintiff-Appellee, v. CX PROCESSING LABORATORIES, INC., a corporation, Defendant-Appellant. Nos. 72-3080, 72-3081. United States Court of Appeals, Ninth Circuit. Aug. 28, 1975. 1 Coleman P. Hall (argued), Seattle, Wash., for Westinghouse Electric corp. 2 Betty B. Fletcher (argued), William L. Dwyer (argued), Seattle, Wash., for CX Processing Laboratories, Inc. OPINION 3 Before CHOY and GOODWIN, Circuit Judges, and BURNS, * District Judge. 4 BURNS, District Judge. 5 This is a contract dispute between Westinghouse Electric Corporation, a Pennsylvania manufacturer of Photoflash cubes and bulbs (lamps), and CX Processing Laboratories, Inc., one of its Washington distributors. Jurisdiction is the result of diversity, pursuant to 28 U.S.C § 1332. CX's counterclaim also alleges that Westinghouse is guilty of antitrust violations prohibited by the Sherman Antitrust Act, 15 U.S.C. § 1 et seq. Jurisdiction is provided by 15…