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NOBODY IN PART. PRESENTS, INC. v. CLEAR CHANNEL COMMUNS., INC.

No. CIV.A. 01 N 1523 BNB.

311 F.Supp.2d 1048 (2004)

NOBODY IN PARTICULAR PRESENTS, INC., Ogden Resurrection Project, Inc., Swank Management, Inc., and N.I.P.P., LLC, Plaintiffs, v. CLEAR CHANNEL COMMUNICATIONS, INC., SFX Entertainment, Inc., d/b/a Clear Channel Entertainment, Clear Channel Broadcasting Inc., Jacor Broadcasting of Colorado, Inc., Citicasters Co., Citicasters Licenses, Inc., and Tsunami Communications, Inc., Defendants.

United States District Court, D. Colorado.

April 2, 2004.

Attorney(s) appearing for the Case

John Allen Francis, Dale R. Harris, Geoffrey H. Simon, Davis, Graham & Stubbs LLP, Walter L. Gerash, Gerash Law Firm, PC, Denver, CO, for Plaintiffs.

Sean Patrick Costello, Jones, Day, Reaves & Pogue, Cleveland, OH, Bruce A. Featherstone, Matthew D. Collins, Featherstone DeSisto LLP, Denver, CO, for Defendants.

ORDER AND MEMORANDUM OF DECISION

NOTTINGHAM, District Judge.

In this case, a concert promoter and its affiliates seek damages and an injunction for alleged antitrust violations and tortious conduct by its competitor. Plaintiffs Nobody In Particular Presents, Inc. ("NIPP"), Ogden Resurrection Project, Inc., Swank Management, Inc., and N.I.P.P., L.L.C., claim that Defendants Clear Channel Communications, Inc. ("Clear Channel Communications"), SFX Entertainment...

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