Lucas

Lucas v. Citizens Communications Co.

Good Law
244 F. App'x 774
United States Court of Appeals for the Ninth CircuitJune 26, 2007No. 05-17423California1,380 words

Opinion

Lead Opinion

MEMORANDUM *

Paul Lucas, dba Solar Engineering and Contracting, appeals the district court’s summary judgment in favor. of Citizens Communications Company, dba Kauai Electric (“KE”), and its successor, Kauai Island Utility Cooperative (“KIUC”). Lucas contends that KE violated the Sherman Act, 15 U.S.C. §§ 1 , 2, and the Robinson-Patman Act, 15 U.S.C. § 13 , by forcing solar water heater installers who were affiliated contractors under its Energy Wise program to sell solar water heaters at fixed low prices. Lucas was a participating Energy Wise solar water heater installer from 1998 until 2000, when he was terminated because, according to KE, he violated the terms of the Participation Agreement by charging customers in excess of the maximum allowable cost for a solar water heater system.

Lucas further contends that he is entitled to punitive damages and that KE defamed him by telling a potential customer that he “overcharged people.”

Because Lucas establishes neither antitrust injury nor defamation, we affirm the district court’s grant of summary judgment in favor of KE and KIUC on all claims.

Lucas failed to allege facts in his complaint sufficient to establish jurisdiction…

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