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SYRACUSE BROADCASTING CORPORATION v. NEWHOUSE

No. 370, Docket 26775.

295 F.2d 269 (1961)

SYRACUSE BROADCASTING CORPORATION, Plaintiff-Appellant, v. Samuel I. NEWHOUSE, The Herald Company, The Post-Standard Company, and Central New York Broadcasting Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided October 4, 1961.

Attorney(s) appearing for the Case

Joseph W. Burns, New York City (Austin, Burns, Appell & Smith, New York City; John P. Cuddahy, New York City, of counsel, on the brief; Laurence Sovik, Martin F. Kendrick, Syracuse, N. Y., of counsel, Smith & Sovik, Syracuse, N. Y.), for plaintiff-appellant.

Tracy H. Ferguson, Syracuse, N. Y. Gerald H. Weinstein, Syracuse, N. Y., of counsel; Bond, Schoeneck & King, Syracuse, N. Y., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, MOORE, Circuit Judge, and STEEL, District Judge.

LEONARD P. MOORE, Circuit Judge.

In November 1952 plaintiff brought this action for treble damages based on various provisions of the Sherman and Clayton Acts. After two appeals to this court (1956, 236 F.2d 522; 1959, 271 F.2d 910), the dismissal of another appeal for lack of jurisdiction (June 3, 1957), a denial of a motion to this court for clarification (September 21, 1960), the denial of a motion...

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