Vinci

Vinci v. Waste Management, Inc.

Good Law
80 F.3d 1372·96 Daily Journal DAR 4123·1996 WL 164995·1996 U.S. App. LEXIS 6987·96 Cal. Daily Op. Serv. 2460
United States Court of Appeals for the Ninth CircuitApril 10, 1996No. 95-15000California2,232 words

Opinion

Lead Opinion

Beezer, J.

Leonard Vinci appeals the district court’s dismissal of his complaint for lack of standing. Vinci contends that, as a dismissed employee of Waste Management, Inc., he has standing under the Clayton Act, 15 U.S.C. § 15 , to sue for damages for injuries resulting from an alleged violation of the Sherman Act, 15 U.S.C. §§ 1 and 2, by Waste Management, Inc. and its subsidiary, Waste Management of Alameda County, Inc. (collectively, “Waste Management”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

I

Leonard Vinci owned and operated Vinci Enterprises, Inc. (“VEI”), a waste recycling-business. In 1989, VEI entered into a settlement agreement with Waste Management to settle a lawsuit against Oakland Scavenger Company alleging anti-competitive behavior. Oakland Scavenger was acquired by Waste Management while the lawsuit was pending. The settlement agreement required Waste Management to provide VEI with recyclable materials to operate its plant.

Vinci alleges that Waste Management breached the settlement agreement with the purpose of driving VEI out of business. Vin-ci alleges that Waste Management did this *1374 by, among other things, encouraging other recycling…

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