Calnetics Corporation and Meier-Line, Inc. v. Volkswagen of America, Inc., Calnetics Corporation v. Volkswagen of America, Inc., (Five Cases)

Good Law
532 F.2d 674
United States Court of Appeals for the Ninth CircuitFebruary 24, 197673-1954, 73-1953, 73-1955 to 73-1958California10,508 words

Opinion

Opinion

Volkswagen of America, Inc. (VW), and its wholly owned subsidiary, Volkswagen Products Corporation (Subsidiary), defendants in a private antitrust action brought by Calnetics Corporation, appeal a district court judgment ordering VW’s divestiture of Subsidiary and other equitable relief. VW and Subsidiary also appeal a summary judgment dismissing their counterclaims against Calnetics, and an award of attorneys’ fees and costs to Calnetics.

Calnetics cross-appeals from summary judgments and a directed verdict dismissing its claims for damages against VW, Subsidiary, and Volkswagen Pacific, Inc. (Distributor), an independently owned corporation which until 1973 distributed VW-imported automobiles and accessories in southern California, southern Nevada, Arizona, and Hawaii.

Distributor appeals from the district court’s denial of its motion to amend its answer to add a counterclaim under § 2(c) of the Robinson-Patman Act, 15 U.S.C. § 13 (c).

The summary judgment in favor of Cal-netics on each of VW’s counterclaims is affirmed, as is the summary judgment in favor of Calnetics on Subsidiary’s counterclaim based on the Sherman Act, 15 U.S.C. § 1 et seq. All other judgments…

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