Fallis V. Pendleton Woolen Mills Inc‪.‬

Appellant David L. Fallis was a regional sales representative for Pendleton Woolen Mills, Inc. (Pendleton). Fallis alleges that Pendleton harassed him and ultimately terminated his contract because he refused to participate in a vertical price fixing scheme. According to appellant, Pendleton required him to boycott or punish "discounters" which sold for less than Pendleton's "keystone" prices. He alleges that when he resisted the scheme, Pendleton retaliated by reducing his sales territory and, eventually, firing him. Fallis brought a federal antitrust action and state tort and contract actions against Pendleton.*fn1 The District Court granted summary judgment for Pendleton on the antitrust claim, holding that Fallis lacked antitrust standing. The District Court also granted summary judgment for Pendleton in the tort action. The court applied Ohio law and concluded that no "public policy" tort for wrongful discharge exists in Ohio. The contract claim was tried to a jury, which found for Pendleton. Fallis appeals from each of these judgments. We affirm.