United States Ninth Circuit

In an action for termination of franchise, summary judgment for plaintiff was improper where a question of fact existed as to whether failure to pay state sales tax was sufficiently material to the franchise relationship to allow for its termination.

Appellate Information

• Argued 02/14/2002
• Decided 04/09/2002
• Published 04/09/2002

Judges

• Before FERGUSON, TASHIMA, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kenneth P. Roberts and John J. Stifter, Kenneth P. Roberts, APLC, Woodland Hills, CA, for the defendant-appellant., Robert C. Phelps,Skjerven Morrill MacPherson LLP, San Francisco, CA, for plaintiff-appellee.