Talking Yellow Pages, Inc., Dba Primex v. Pacific Telesis Group, a Corporation Pacific Bell, a Corporation Pacific Bell Directory, a Corporation

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TALKING YELLOW PAGES, INC., dba Primex, Plaintiff-Appellant, v. PACIFIC TELESIS GROUP, a Corporation; Pacific Bell, a Corporation; Pacific Bell Directory, a Corporation, Defendants-Appellees. No. 91-15994. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 23, 1992. Decided Aug. 26, 1992. Before CANBY, REINHARDT and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Talking Yellow Pages, Inc. ("Primex") appeals the district court's dismissal pursuant to Rule 12(b)(6) of its first amended complaint without leave to amend and the court's denial of its Rule 59 motion to reconsider the dismissal. We affirm the dismissal and the denial of the motion to reconsider but reverse the denial of leave to amend. 3 I. Dismissal of the First Amended Complaint 1 4 The following facts must be proved to establish an attempt to monopolize claim: 5 (1) specific intent to control prices or destroy competition; 6 (2)…