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ELYRIA-LORAIN BROADCASTING CO. v. LORAIN JOURNAL CO.

No. 14469.

298 F.2d 356 (1961)

ELYRIA-LORAIN BROADCASTING COMPANY, Plaintiff-Appellant, v. LORAIN JOURNAL COMPANY et al., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 16, 1961.

Attorney(s) appearing for the Case

Thurman Arnold, Washington, D. C., and Marcus Cohn, Washington, D. C., Cohn & Marks, Washington, D. C., Arnold, Fortas & Porter, Washington, D. C., Herbert A. Rosenthal, Cleveland, Ohio, on brief, for appellant.

Raymond T. Jackson, Cleveland, Ohio, Warren Daane, Baker, Hostetler & Patterson, Cleveland, Ohio, Morris Berick, Burke, Haber & Berick, Cleveland, Ohio, on brief, for appellee.

Before MILLER, Chief Judge, and MARTIN and WEICK, Circuit Judges.

MARTIN, Circuit Judge.

This is an appeal by the plaintiff from a judgment dismissing the complaint in a suit for treble damages under Section 4 of the Clayton Act. 15 U.S.C.A. § 15.

In October of 1948, the plaintiff radio station (WEOL) began broadcasting operations designed to serve the Elyria-Lorain area of Ohio. The defendant newspaper (The Lorain Journal) at that time reached ninety-nine percent of the families in Lorain, and enjoyed a virtual monopoly...

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