Glad-A-Way Gardens, Inc. v. Lynn Mayer's Great Lakes Glads, Inc.

52 F.3d 333 1995-1 Trade Cases P 70,961 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. GLAD-A-WAY GARDENS, INC. Plaintiff-Appellant, v. LYNN MAYER'S GREAT LAKES GLADS, INC. Defendant-Appellee. No. 93-16667. United States Court of Appeals, Ninth Circuit. Argued March 27, 1995. * Decided April 6, 1995. Before: CHOY, CANBY, and NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Glad-A-Way Gardens, Inc. ("Glad-A-Way"), a California gladiolus grower and seller, brought this action against Lynn Mayer's Great Lakes Glads, Inc. ("Lynn Mayer"), a Michigan incorporated and based competitor, alleging that in 1991 and 1992 Lynn Mayer sold gladioli below its cost to California customers for the purpose of injuring competitors or destroying competition in violation of the California Unfair Practices Act, Cal.Bus. & Prof.Code Sec. 17043. Glad-A-Way sought to enjoin Lynn Mayer from selling gladiolus flowers below cost in California and sought treble damages, reasonable attorney's fees and…