John P. Dicicco, Jr., and Jose Conte, D/B/A P&l Video v. Rentrak, Corporation, F/k/a National Video, Inc.

56 F.3d 70 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John P. DICICCO, Jr., and Jose Conte, d/b/a P&L Video, Plaintiffs-Appellees, v. RENTRAK, CORPORATION, f/k/a National Video, Inc., Defendant-Appellant. Nos. 93-35810, 93-35931. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1995. Decided May 18, 1995. 1 Before: BROWNING, REAVLEY, * and NORRIS, Circuit Judges 2 MEMORANDUM ** 3 Plaintiffs John DiCicco and Joseph Conte, doing business as P&L Video, entered a Franchise Agreement ("Agreement") with Rentrak's corporate predecessor, National Video, Inc., in which plaintiffs were to open and operate a video store franchise in the South Plaza Shopping Center in Worchester, Massachusetts. After Judge Belloni granted plaintiffs partial summary judgment on the existence of a valid, enforceable agreement between the parties with one of its terms being the South Plaza site location, the case was reassigned to Judge Panner. Judge Panner then…