AMBOOK ENTERPRISES v. TIME INC.

No. 1105, Docket 79-7184.

612 F.2d 604 (1979)

AMBOOK ENTERPRISES, a/k/a American Book Club, on behalf of itself and all others similarly situated, Plaintiff-Appellant, v. TIME INCORPORATED, New York Times Company, J. Walter Thompson Co., Young & Rubicam International, Inc., Batten, Barton, Durstine & Osborn, Inc., American Association of Advertising Agencies, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 29, 1979.


Attorney(s) appearing for the Case

Daniel J. Kornstein, New York City (Cletus P. Lyman, and Richard A. Ash, Lyman & Ash, Philadelphia, Pa., of counsel), for plaintiff-appellant, Ambook Enterprises.

Floyd Abrams, New York City (Cahill, Gordon & Reindel, New York City, P. Kevin Castel, New York City, of counsel), for defendant-appellee The New York Times Company.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Sidney S. Rosdeitcher, and Jack A. Horn, New York City, of counsel), for defendant-appellee Young & Rubicam, Inc.

Cravath, Swaine & Moore, New York City (Frederick A. O. Schwarz, Jr., Richard M. Hirsch, and Ronald P. Mysliwiec, New York City, of counsel), for defendant-appellee Time Incorporated.

Breed, Abbott & Morgan, New York City (David S. Patterson, Donald B. Da Parma, New York City, of counsel), for defendant-appellee J. Walter Thompson Company.

Lunney & Crocco, New York City (J. Robert Lunney, Michael J. McAllister, and Luigi P. De Maio, New York City, of counsel), for defendant-appellee Batten, Barton, Durstine & Osborn, Inc.

Donovan, Leisure, Newton & Irvine, New York City (Thomas R. Trowridge III, and John K. Hendricks, New York City, of counsel), for defendant-appellee American Association of Advertising Agencies, Inc.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.


FRIENDLY, Circuit Judge:

I.

This private antitrust action was commenced on June 1, 1972, in the District Court for the Eastern District of Pennsylvania. Plaintiff Ambook Enterprises a/k/a American Book Club (Ambook) is a Pennsylvania partnership which was organized to engage in the retail and wholesale selling of books and records in interstate commerce. The partners were two corporations, L-Club Corporation and American Book Club. L-Club Corporation is...

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