012775P.pdf   07/11/2002  Act  v.  Sylvan Learning
   U.S. Court of Appeals Case No:  01-2775
                          and No:  01-3583
   Northern District of Iowa   
   Civil case - Torts. District court did not err in granting summary 
   judgment to Sylvan on ACT's claim for tortious interference 
   with contract, as the evidence was insufficient as a matter of 
   law to create a jury question on an essential element of ACT's 
   claim, namely whether Sylvan was on notice that it should 
   investigate whether ACT already had contract with the National 
   Association of Security Dealers which would be breached if 
   Sylvan closed a deal with the Association to operate and 
   acquire its computer-based training centers; ACT could not 
   establish a claim for tortious interference with prospective 
   contractual relations, as ACT could not show that Sylvan's 
   purpose in making its proposal was to financially injure or 
   destroy ACT; any evidence of damages ACT may have 
   incurred as a result of Sylvan's deal with the Association 
   were properly excluded from the summary judgment record 
   because the alleged damages were not caused by unlawful 
   acts of Sylvan, and ACT could not show causation or 
   antitrust injury under Section 2 of the Sherman Act; Judge 
   Richard S. Arnold concurring in part and dissenting with 
   respect to the claim for tortious interference with prospective 
   contractual relations.