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

Nos. 16244, 16245.

358 F.2d 790 (1966)

The ELYRIA-LORAIN BROADCASTING COMPANY, Plaintiff-Appellant and Cross-Appellee, v. The LORAIN JOURNAL COMPANY, Isadore Horvitz, D. P. Self, Individuals, and Harry R. Horvitz, Willian D. Horvitz and Francis E. Kane, Executors of Estate of Samuel A. Horvitz, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals Sixth Circuit.

April 12, 1966.

Attorney(s) appearing for the Case

Thurman Arnold and Marcus Cohn, Washington, D. C. (Cohn & Marks, Arnold, Fortas & Porter, Washington, D. C., Herbert A. Rosenthal, Harry Kottler, Daus, Schwenger & Kottler, Cleveland, Ohio, on the brief), for Elyria-Lorain Broadcasting Co.

Morris Berick, Cleveland, Ohio (Warren Daane, Cleveland, Ohio, on the brief; Burke, Haber & Berick, Baker, Hostetler & Patterson, Cleveland, Ohio, of counsel), for Lorain Journal Co. and others.

Before WEICK, Chief Judge, O'SULLIVAN, Circuit Judge, and CECIL, Senior Circuit Judge.

PER CURIAM.

This case is before us a second time on the issue of damages. In the first appeal we reversed and remanded for a new trial because the District Court had found that plaintiff sustained no damage as a result of the unlawful conduct of defendants. Elyria-Lorain Broadcasting Co. v. Lorain Journal Co., 298 F.2d 356 (6th Cir. 1961). We were of the view that the findings of fact and opinion of the District Court,

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