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California Court of Appeal


FISHERMAN'S WHARF BAY CRUISE CORP. v. SAN FRANCISCO SUPERIOR COURT (BLUE AND GOLD FLEET, INC.), A101652

District court erred in awarding summary judgment to defendants as to claims of predatory pricing, secret discounts, and exclusive dealing. Defendant's showing that its bay cruise ticket revenues, taken as a whole, are above its costs does not prove that it made no below-cost sales, and plaintiff proffered evidence of exclusive dealing arrangements that substantially foreclosed competition.

Appellate Information

  • Decided 12/15/2003
  • Published 12/15/2003

Judges

  • RUVOLO, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Legal Strategies Group, Ralph C. Alldredge, Gregory S. Gilchrist, Emeryville, Maureen A. Sheehy, Encino, for Petitioner., Blecher & Collins, Maxwell M. Blecher, Steven J. Cannata, Los Angeles, Nixon Peabody, Ernest N. Reddick, James J. Corbelli, San Francisco, David W. Kesselman, Los Angeles, for Real Party in Interest.

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