686 F.2d 750 (9th Cir. 1982), 81-5647, Sports Form, Inc. v. United Press Intern., Inc.
|Docket Nº:||81-5647, 81-5847.|
|Citation:||686 F.2d 750|
|Party Name:||SPORTS FORM, INC., a Nevada corporation, Plaintiff-Appellant, v. UNITED PRESS INTERNATIONAL, INC., a Delaware corporation, Defendant-Appellee.|
|Case Date:||August 27, 1982|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
Argued and Submitted April 9, 1982.
Mark R. Denton, Denton & Denton, Ltd., Las Vegas, Nev., for plaintiff-appellant.
Diane P. Zielinski, Cleveland, Ohio, argued, for defendant-appellee; Edward S. Coleman, Las Vegas, Nev., Baker & Hostetler, Cleveland, Ohio, on brief.
Appeal from the United States District Court for the District of Nevada.
Before CHAMBERS, WALLACE and NORRIS, Circuit Judges.
WALLACE, Circuit Judge:
Sports Form, Inc. (Sports Form) appeals from a district court order denying its motion for a preliminary injunction. We affirm.
Sports Form disseminates horse racing information to bookmakers in Nevada. It purchases its information from United Press International (UPI) under a contract which requires that UPI furnish and Sports Form purchase three news wires-the Unirace Wire and the Supplemental Wire, which supply horse racing information, and the Sports Wire, which supplies general sports information.
Sports Form alleges that it contracted for all three wire services only because UPI refused to sell it the Unirace Wire separately and argues that UPI's insistence on selling the three wire services as a package constitutes an illegal tying arrangement. Sports Form's complaint sought preliminary and permanent injunctive relief requiring UPI to continue to provide Sports Form the
Unirace Wire. It also sought a declaration that it was not required to pay for the Supplemental and Sports Wires and was relieved of liability for services provided before the action was initiated.
UPI alleges that Sports Form requested UPI provide it with the same wire services which it provided to Sports Form's principal competitor, Swanson News (Swanson), and that the contract for the three wire services was prepared upon that representation. Swanson receives all three wire services. UPI counterclaimed for amounts due on services provided prior to initiation of the action and for the per diem charges for services rendered after that date.
Based upon the record before him, the district judge found that at all times prior to the execution of the contract, Sports Form represented to UPI its desire to purchase the same services which UPI provided to Swanson. The district court therefore concluded that Sports Form was estopped from claiming that the contract was one of adhesion or that UPI had conditioned its sale of the Unirace Wire service on Sports Form's purchase of Supplemental and Sports Wires. The district court held that Sports Form had failed...
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