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ALPERT'S NEWSPAPER DELIVERY INC. v. NEW YORK TIMES CO.

No. 673, Docket 88-7840.

876 F.2d 266 (1989)

ALPERT'S NEWSPAPER DELIVERY INCORPORATED, F & M News Services (a Partnership of Robert Soltesz and Frank DiCenzo), Greystone News Service Inc., Jericho News Inc., Mitchell's the World's Finest Newspaper Delivery Services Incorporated and Yellowstone Home Delivery Inc. on behalf of themselves and all others similarly situated, Plaintiffs, Jericho News Inc., Plaintiff-Appellant, v. THE NEW YORK TIMES COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 17, 1989.

Attorney(s) appearing for the Case

Peter G. Eikenberry, New York City (Eikenberry Futterman & Herbert, New York City, of counsel), for plaintiff-appellant.

Denis McInerney, New York City (Cahill Gordon & Reindel, Charles Platto, Patricia Farren, Craig A. Newman, The New York Times Co., George Freeman, New York City, of counsel), for defendant-appellee.

Before OAKES, Chief Judge, LUMBARD, and FEINBERG, Circuit Judges.

LUMBARD, Circuit Judge:

Jericho News Inc., a newspaper home delivery service doing business in Long Island, New York, appeals from a judgment of the District Court for the Eastern District of New York, Glasser, J., granting the motion for summary judgment of defendant The New York Times Co. in an antitrust action brought against it by Jericho News and other newspaper delivery companies located within the Eastern District. The deliverers, all of whom deliver the Times...

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