Cascade Cabinet Co. v. Western Cabinet & Millwork Inc.

710 F.2d 1366 1983-2 Trade Cases 65,482 CASCADE CABINET CO., Plaintiff-Appellant, v. WESTERN CABINET & MILLWORK INC., Milton Skutle & Jane Doe Skutle, American Prefinish Corp. and Donald McDonald & Jane Doe McDonald, Defendants-Appellees. No. 82-3262. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1983. Decided July 5, 1983. James D. Nelson, Seattle, Wash., for plaintiff-appellant. Terrence C. Brown, Seattle, Wash., for defendants-appellees. Appeal from the United States District Court for the Western District of Washington. Before WALLACE, ANDERSON, and SCHROEDER, Circuit Judges. WALLACE, Circuit Judge: 1 Cascade Cabinet Company (Cascade) appeals from a summary judgment. The district court held that Cascade had failed, as a matter of law, to establish a violation of either section 1 or section 2 of the Sherman Act. 15 U.S.C. Secs. 1 , 2. We affirm. 2 * Viewing the evidence in the light most favorable to Cascade, we accept as true the following version of the facts. Timberland Industries, Inc. (Timberland) 1 controls a substantial part of the market for modular kitchen and vanity cabinets in western Washington. During a period of remarkable…