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PRIMETIME 24 JOINT VENTURE v. NAT. BROADCASTING COMPANY

Docket No. 98-9392.

219 F.3d 92 (2000)

PRIMETIME 24 JOINT VENTURE, Plaintiff-Appellant, v. NATIONAL BROADCASTING COMPANY, INC., ABC, Inc., CBS, Inc., FOX Broadcasting Company, National Association of Broadcasters, NBC Television Affiliates, ABC Television Affiliates Association, CBS Television Network Affiliates Association, KPAX Communications, Inc., and Benedek Broadcasting Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 7, 2000.

Attorney(s) appearing for the Case

Harry Frischer, Solomon, Zauderer, Ellenhorn, Frischer & Sharp (Louis M. Solomon, Jonathan D. Lupkin, of counsel), New York, New York, for Plaintiff-Appellant.

Charles F. Rule, Covington & Burling, Washington, D.C. (Neil K. Roman, Jonathan Galst, Covington & Burling; Eric Seiler, Friedman Kaplan & Seiler LLP, New York, New York, of counsel), for Defendants-Appellees.

Before: WINTER, Chief Judge, JACOBS, Circuit Judge, and SWEET, District Judge.

WINTER, Chief Judge:

This appeal arises out of an antitrust action brought by PrimeTime 24 Joint Venture ("PrimeTime") against the major television networks, their affiliates' trade associations, independent television stations, and the National Association of Broadcasters. The complaint alleged that appellees violated Section 1 of the Sherman Act, 15 U.S.C. § 1, through concerted, baseless, signal-strength challenges...

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