Purex Corporation v. The Procter & Gamble Company, and the Clorox Company

ENRIGHT, District Judge,

concurring:

I would concur only insofar that the cause is remanded to the trial court for further findings and reconsideration in light of Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc., 429 U.S. 477, 97 S.Ct. 690, 50 L.Ed.2d 701 (1977) and Greyhound Computer v. Inter. Business Machines, 559 F.2d 488 (9th Cir. 1977). The trial court essentially found in its detailed Memorandum Decision that there was no nexus between the activities of the defendant and the alleged injury to the plaintiff. Such reconsideration may or may not require a different result. As is often the case in protracted litigation (this case has been actively pursued in the trial court since 1967), several significant cases have been decided since the trial court *891made its decision. The trial court should have the opportunity to review the matter anew and we, of course, would benefit from such evaluation. It is my view that the trial court would be free, but not obligated, to undertake further proceedings if such would assist that determination.