Image Technical Service, Inc. v. Eastman Kodak Co.

Good Law
136 F.3d 1354·98 Daily Journal DAR 1955·1998 WL 81334·1998 U.S. App. LEXIS 3123·98 Cal. Daily Op. Serv. 1405
United States Court of Appeals for the Ninth CircuitFebruary 27, 1998No. 96-16014California2,970 words

Opinion

Lead Opinion

Fletcher, J.

Image Technical Service, Inc. and other companies (“Image Tech”) filed an antitrust suit against Eastman Kodak Co. (“Kodak”). Before trial, Kodak moved to disqualify Cou-dert Brothers, a law firm representing Image Tech, because the firm represented a division of Kodak in other matters. The district court disqualified Coudert from further representation of Image Tech. Image Tech eventually won the lawsuit. In this appeal, Kodak seeks to reverse a district court judgment that it must pay Image Tech $400,000 in statutory legal fees for Coudert’s representation.

FACTS

Image Tech is an independent service organization (“ISO”) which services Kodak copying and micrographie equipment. In 1987, Image Tech and other ISOs (hereinafter referred to collectively as Image Tech) filed an antitrust suit against Kodak under 15 U.S.C. §§ 1 and 2, alleging that Kodak adopted policies limiting the availability of parts to ISOs, and made it more difficult for ISOs to compete with Kodak in servicing Kodak equipment. The district court granted summary judgment for Kodak, and the Ninth Circuit reversed. Image Technical Serv., Inc. v. Eastman Kodak Co., 903 F.2d 612 (9th Cir.1990). Image Tech was…

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