WHELAN v. ABELL

Nos. 93-7138, 93-7139.

48 F.3d 1247 (1995)

Andrew WHELAN, et al., Appellants, v. Tyler ABELL, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 10, 1995.

Rehearings and Suggestions for Rehearing In Banc Denied May 17, 1995.


Attorney(s) appearing for the Case

Loren Kieve, Washington, DC, argued the cause for appellants. With him on the briefs was Lothar A. Kneifel, Washington, DC.

Michael E. Jaffe, Washington, DC, argued the cause for appellee John B. Toomey. With him on the brief were George R. Kucik and Theodore D. Frank, Washington, DC.

William A. Hylton, Jr., Baltimore, MD, argued the cause and filed the brief for appellee Estate of Anthony G. Chase.

Before: WALD, WILLIAMS and ROGERS, Circuit Judges.


STEPHEN F. WILLIAMS, Circuit Judge:

Appellants, who are plaintiffs in this action and were defendants in related prior litigation, challenge rulings in which the district court held as a matter of law that their claims of malicious prosecution, abuse of process, and tortious interference with prospective business advantage are barred by the Noerr-Pennington doctrine. See Eastern R.R. Presidents Conference v. Noerr Motor Freight, Inc.,

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