Sports Form, Inc. v. United Press Intern., Inc., Nos. 81-5647
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before CHAMBERS, WALLACE and NORRIS; WALLACE |
| Citation | 686 F.2d 750 |
| Parties | 1982-2 Trade Cases 64,917 SPORTS FORM, INC., a Nevada corporation, Plaintiff-Appellant, v. UNITED PRESS INTERNATIONAL, INC., a Delaware corporation, Defendant-Appellee. |
| Decision Date | 27 August 1982 |
| Docket Number | 81-5847,Nos. 81-5647 |
Page 750
v.
UNITED PRESS INTERNATIONAL, INC., a Delaware corporation,
Defendant-Appellee.
Ninth Circuit.
Decided Aug. 27, 1982.
Page 751
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
Page 752
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 to demonstrate any chance that it would prevail on the merits and denied its motion for a preliminary injunction.
The grant or denial of a motion for a preliminary injunction lies within the discretion of the district court. Its order granting or denying the injunction will be reversed only if the district court relied on an erroneous legal premise or abused its discretion. Wright v. Rushen, 642 F.2d 1129, 1132 (9th Cir. 1981); Los Angeles Memorial Coliseum Commission v. National Football League, 634 F.2d 1197, 1200 (9th Cir. 1980) (L. A. Coliseum). A district court's order is reversible for legal error if the court does not employ the appropriate legal standards which govern the issuance of a preliminary injunction, id.; see Benda v. Grand Lodge of International Association of Machinists & Aerospace Workers, 584 F.2d 308, 314-15 (9th Cir. 1978), cert. dismissed, 441 U.S. 937, 99 S.Ct. 2065, 60 L.Ed.2d 667 (1979) (Benda); Aguirre v. Chula Vista Sanitary Service & Sani-Tainer, Inc., 542 F.2d 779, 781 (9th Cir. 1976), or if, in applying the appropriate standards, the court misapprehends the law with respect to the underlying issues in litigation. Wright v. Rushen, supra, 642 F.2d at 1132; L. A. Coliseum, supra, 634 F.2d at 1200; Kennecott Copper Corp., etc. v. Costle, 572 F.2d 1349, 1357 n.3 (9th Cir. 1978).
However, unless the district court's decision relies on erroneous legal premises, it will...
To continue reading
Request your trial
-
Bank Holding Company Act Amendments of 1970:
Anti-tying restrictions; intrepretation and supervisory guidance; comment request,
...a matter of antitrust law if the buyer voluntarily purchases the tied product''); Sports Form, Inc. v. United Press International, Inc., 686 F.2d 750, 754 (9th Cir. 1982) (``Where a company is simply sold what it wishes to buy, there can be no tying problem.''); Dunkin Donuts of America, In......
-
R.J. Reynolds Tobacco Co. v. Cnty. of San Diego, Case No.: 20-CV-1290 JLS (WVG)
...Therefore, the Court DENIES Plaintiffs’ Motion for Preliminary Injunction. See, e.g. , Sports Form, Inc. v. United Press Int'l, Inc. , 686 F.2d 750, 753 (9th Cir. 1982) (affirming district court's denial of preliminary injunction where the plaintiff "had failed to show any chance of success......
-
Neighborhood Mkt. Ass'n, Inc. v. Cnty. of San Diego, Case No.: 20-CV-1124 JLS (WVG)
...Therefore, the Court DENIES Plaintiffs’ Motion for Preliminary Injunction. See, e.g. , Sports Form, Inc. v. United Press Int'l, Inc. , 686 F.2d 750, 753 (9th Cir. 1982) (affirming district court's denial of preliminary injunction where the plaintiff "had failed to show any chance of success......
-
GEO Grp., Inc. v. Newsom, Case No.: 19-CV-2491 JLS (WVG)
...DENIES the Motions for Preliminary Injunction as to those causes of action. See, e.g. , Sports Form, Inc. v. United Press Int'l, Inc. , 686 F.2d 750, 753 (9th Cir. 1982). The Court therefore analyzes only (1) the constitutionality of A.B. 32 as applied solely to USMS's privately contracted ......
-
State v. Azar, No. 18-15144
...little guidance as to the appropriate disposition on the merits." Id. at 1003 (quoting Sports Form, Inc. v. United Press Int'l, Inc. , 686 F.2d 750, 753 (9th Cir. 1982) ). The district court here failed to give any particular reason for the stay,8 and this case could have well proceeded to ......
-
R.J. Reynolds Tobacco Co. v. Cnty. of San Diego, Case No.: 20-CV-1290 JLS (WVG)
...Therefore, the Court DENIES Plaintiffs’ Motion for Preliminary Injunction. See, e.g. , Sports Form, Inc. v. United Press Int'l, Inc. , 686 F.2d 750, 753 (9th Cir. 1982) (affirming district court's denial of preliminary injunction where the plaintiff "had failed to show any chance of success......
-
Neighborhood Mkt. Ass'n, Inc. v. Cnty. of San Diego, Case No.: 20-CV-1124 JLS (WVG)
...Therefore, the Court DENIES Plaintiffs’ Motion for Preliminary Injunction. See, e.g. , Sports Form, Inc. v. United Press Int'l, Inc. , 686 F.2d 750, 753 (9th Cir. 1982) (affirming district court's denial of preliminary injunction where the plaintiff "had failed to show any chance of success......
-
GEO Grp., Inc. v. Newsom, Case No.: 19-CV-2491 JLS (WVG)
...DENIES the Motions for Preliminary Injunction as to those causes of action. See, e.g. , Sports Form, Inc. v. United Press Int'l, Inc. , 686 F.2d 750, 753 (9th Cir. 1982). The Court therefore analyzes only (1) the constitutionality of A.B. 32 as applied solely to USMS's privately contracted ......
-
An Empirical Look at Preliminary Injunctions in Challenges Under Environmental Protection Laws
...v. City of Minneapolis, 940 F.2d 367, 370 (8th Cir. 1991) (using “balance of equities”); Sports Form, Inc. v. United Press Int’l, Inc., 686 F.2d 750, 753 (9th Cir. 1982) (using “balance of hardships”). he Supreme Court uses “balance of equities.” Winter , 555 U.S. at 20. 12. See Amoco Prod.......