Alton Box Board Company v. Esprit De Corp.

Good Law
682 F.2d 1267·1982 U.S. App. LEXIS 19856
United States Court of Appeals for the Ninth CircuitApril 23, 198280-4338California4,339 words

Opinion

Opinion

Wallace, J.

Plaintiffs-appellants Alton Box Board Co. and twenty-eight other manufacturers of corrugated containers (the manufacturers) appeal from the district court’s grant of summary judgment for appellee Esprit de Corp. (Esprit). The primary question presented is whether the district court improperly refused to enjoin a state court action arising under state antitrust law, when another antitrust claim, challenging the same conduct but arising under federal antitrust law, is being prosecuted by different plaintiffs against the same manufacturers in a multidistrict action in federal court. A declaratory judgment claim based upon the same contentions was also dismissed. We affirm.

I

Esprit is an indirect purchaser of corrugated containers. Prior to the filing of the manufacturers’ complaint in this case, a multidistrict class action “of nearly unprecedented scope” was pending in the United States District Court for the Southern District of Texas against the manufacturers. In re Corrugated Container Antitrust Litigation, 611 F.2d 86, 89 (5th Cir. 1980); In re Corrugated Container Antitrust Litigation, 80 F.R.D. 244 (S.D.Tex.1978). The plaintiffs in that multidistrict action sought treble…

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