Thor Industries, Inc. v. Herbert F. Boeckmann, Ii, Rexhall Industries, Inc., and William J. Rex

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. THOR INDUSTRIES, INC., Plaintiff-Appellant, v. Herbert F. BOECKMANN, II, Rexhall Industries, Inc., and William J. Rex, Defendants-Appellees. No. 92-55040. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1993. Decided April 7, 1994. Before: KOZINSKI, SILER ** and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Herbert F. Boeckmann, II, as seller of a motor home manufacturing company, promised his buyer, Thor Industries, only that he would not "directly or indirectly[ ] engage in the business of manufacturing motor homes," for a specified time. Viewed against controlling New York law, the connections between Boeckmann and Rexhall Industries--i.e., Boeckmann's guarantee to Ford and role as consignment dealer--did not violate this covenant. Nor do other valid recovery theories exist. As such, the district court's summary judgment decision should be AFFIRMED. 3 New York law requires that, in…