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ADVO, INC. v. PHILADELPHIA NEWSPAPERS, INC.

No. 94-1812.

51 F.3d 1191 (1995)

ADVO, INC., Appellant v. PHILADELPHIA NEWSPAPERS, INC., d/b/a Philadelphia Inquirer; Philadelphia Daily News.

United States Court of Appeals, Third Circuit.

Decided April 14, 1995.

Sur Petition for Rehearing May 11, 1995.

Attorney(s) appearing for the Case

John DeQ. Briggs (argued), Margaret M. Zwisler, Jerrold J. Ganzfried, Richard A. Ripley, Howrey & Simon, Washington, DC, David M. Steger, Advo, Inc., Windsor, CT, for appellant.

Robert C. Heim (argued), Richard C. Rizzo, Judy L. Leone, George G. Gordon, Dechert Price & Rhoads, Philadelphia, PA, for appellee.

Anne K. Bingaman, Asst. Atty. Gen., Diane P. Wood, Deputy Asst. Atty. Gen., Catherine G. O'Sullivan, David Seidman, U.S. Dept. of Justice, Washington, DC, for amicus curiae U.S.

Before STAPLETON, GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Appellant Advo, Inc. sued appellee Philadelphia Newspapers, Inc. ("PNI") charging that PNI attempted to monopolize the market for delivering preprinted advertising circulars in the greater Philadelphia area, in violation of section 2 of the Sherman Antitrust Act, 15 U.S.C. § 2. Advo alleged that PNI has offered predatorily low prices to major purchasers of services for delivering circular advertising, and...

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