Calculators Hawaii, Inc., Cross-Appellant v. Brandt, Inc. And Reynold M. Hallett, Cross-Appellees

Good Law
724 F.2d 1332·37 Fed. R. Serv. 2d 1163·1983 U.S. App. LEXIS 15491
United States Court of Appeals for the Ninth CircuitNovember 7, 198381-4508, 81-4549California3,332 words

Opinion

Opinion

Norris, J.

In this antitrust action, appellee and cross-appellant Calculators Hawaii, Inc. (Calculators) challenged an exclusive dealership arrangement between Brandt, Inc. and Reynold M. Hallett, appellants and cross-appellees. Pursuant to an agreement between Brandt and Hallett, Hallett sold, serviced, and repaired money-handling machines manufactured by Brandt. The arrangement between Brandt and Hallett allegedly prevented Calculators, an office equipment distributor, from obtaining Brandt equipment or repair parts. After a bench trial, the district court ruled that Brandt did not violate the Sherman Act by selling new equipment solely through Hal-lett, but that Brandt and Hallett’s refusal to sell repair parts to Calculators violated both sections 1 and 2 of the Sherman Act. Each side appeals the judgment against it. We hold that the refusal to deal with Calculators did not violate the Sherman Act in any respect. Accordingly, we affirm the district court’s decision in favor of Brandt, but reverse the decision in favor of Calculators.

I. THE JURISDICTIONAL QUESTION

Calculators’ cross-appeal raises a jurisdictional question, to which we turn first. Brandt contends that this court lacks…

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