Purdy Mobile Homes, Inc. v. Champion Home Builders Co., and Tamarack Homes

Good Law
594 F.2d 1313·1979 U.S. App. LEXIS 15434
United States Court of Appeals for the Ninth CircuitApril 16, 197976-1999California1,919 words

Opinion

Opinion

Hug, J.

Purdy Mobile Homes, Inc. (“Purdy”) brought this action against Champion Home Builders Co. (“Champion”) and its subsidiary, alleging violations of state and federal law. The district court granted summary judgment for Champion on the federal claims and entered a final judgment on those claims pursuant to Fed.R.Civ.P. 54(b). Purdy contests both the merits of the summary judgment and the propriety of the immediate entry of final judgment on fewer than all of Purdy’s claims. We affirm.

Proceedings Below

Purdy is a Washington corporation engaged in the business of selling mobile homes at retail. Champion is a manufacturer and distributor of mobile homes, with corporate headquarters in Michigan. Purdy alleged in its complaint that it had entered into an oral agreement with Champion under the brand name “Tamarack”. The alleged agreement grants Purdy the exclusive right to resell the Tamarack mobile homes within a prescribed area surrounding Spokane, Washington. Purdy further alleged that during the life of the agreement Champion marketed two lines of mobile homes, the “Titan” and the “Concord”, which were nearly identical to the Tamarack brand, and which were sold to other franchisees…

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