Adrian C. Eichman v. Fotomat Corporation, a Delaware Corporation

Plaintiff-Appellant, Adrian C. Eichman, appeals from two orders of the district court granting summary judgment to Defendant-Appellee, Fotomat Corporation. Eichman appeals from the order of the district court granting Fotomat’s motion for partial summary judgment based on res judicata and the statute of limitations. Eichman also appeals from the subsequent order of the district court which granted Fotomat’s motion for summary judgment based on the merits of the remaining state and federal claims. We affirm.

I

FACTS

Plaintiff-Appellant, Adrian C. Eichman, a Fotomat franchise operator, appeals from the orders of the district court granting summary judgment to Defendant-Appellee, Fotomat Corporation, based on Eichman’s federal antitrust and state law claims. This action against Fotomat is the third action brought by Eichman against Fotomat (E ichman III). Eichman v. Fotomat Corp., 759 F.2d 1434 (9th Cir.1985). This is the second time Eichman III has been before this court for review.

Fotomat is a nationwide retailer of photo-processing and photographic products. Fotomat’s retail business is conducted by means of small merchandising islands (kiosks) located in the parking lots of…