OZARK HEARTLAND ELECTRONICS, INC. v. RADIO SHACK

No. 01-2148.

278 F.3d 759 (2002)

OZARK HEARTLAND ELECTRONICS, INC.; Daniel G. Boone, Appellants, v. RADIO SHACK, A DIVISION OF TANDY CORPORATION; Tele-Communications, Inc.; TCI K-1, Inc.; Phoenixstar Partners, L.P., formerly known as Primestar Partners, L.P.; United Artists K-1 Investments, Inc.; TCI Satellite Entertainment, Inc.; Phoenixstar, Inc., formerly known as Primestar Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 1, 2002.

Rehearing Denied: March 4, 2002.


Attorney(s) appearing for the Case

E. T. Sullivan, argued, Charlottesville, VA (Norman Daniel Frank, II, Mission, TX, on the brief), for appellant.

David Marx, Jr., argued, Chicago, IL (Sandra Muhlenbeck, Chicago, IL, on the brief), for Primestar/TCI.

David R. McAtee, II, argued, Dallas, TX (Barry F. McNeil, Sharon N. Freytag, Dallas, TX, on the brief), for appellee.

Before LOKEN and BYE, Circuit Judges, and BOGUE, District Judge.


BYE, Circuit Judge.

Daniel Boone owns and operates Ozark Heartland Electronics, a retail electronics store once affiliated with Radio Shack, America's largest retail electronics chain. In 1996, Ozark participated in a Radio Shack marketing campaign showcasing a satellite television service produced by Primestar. Radio Shack and Primestar later terminated Ozark's participation in the marketing campaign, at which point Boone and Ozark sued them for violating the Sherman...

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