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ECC v. TOSHIBA AMERICA CONSUMER PRODUCTS, INC.

No. 1772, Docket 96-9209.

129 F.3d 240 (1997)

ELECTRONICS COMMUNICATIONS CORP., Plaintiff-Appellant, v. TOSHIBA AMERICA CONSUMER PRODUCTS, INC. and Audiovox Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 28, 1997.

Attorney(s) appearing for the Case

Jeffrey L. Rosenberg, New York City (Rosenberg & Fein, New York City, of counsel), for Plaintiff-Appellant.

Thomas G. Gallatin, Jr., New York City (John J. Kirby, Jr., Michael K. Hertz, Maureen C. Shay, Latham & Watkins, New York City, of counsel), for Defendant-Appellee Toshiba America Consumer Products, Inc.

John Sullivan, New York City (Fried, Frank, Harris, Shriver & Jacobson, New York City, on the brief), for Defendant-Appellee Audiovox Corporation.

Before: WALKER, McLAUGHLIN and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Electronics Communications Corp. ("ECC") appeals from a judgment entered in the United States District Court for the Southern District of New York (Robert P. Patterson, J.) dismissing ECC's claims under sections 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1 and 2, for failure to state a claim, and dismissing ECC's pendent state law claims without prejudice. ECC alleges that Toshiba America Consumer Products, Inc. ("Toshiba...

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