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UNITED STATES v. CHICAGO TRIBUNE-NEW YORK NEWS SYN., INC.

No. 67 Civ. 4596.

309 F.Supp. 1301 (1970)

UNITED STATES of America, Plaintiff, v. CHICAGO TRIBUNE-NEW YORK NEWS SYNDICATE, INCORPORATED, Defendant.

United States District Court, S. D. New York.

March 9, 1970.

Attorney(s) appearing for the Case

Gerald A. Connell, Hugh P. Morrison, Attys., Dept. of Justice, Washington, D. C., Norman H. Seidler, Atty., Dept. of Justice, New York City, for plaintiff.

Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., Townley, Updike, Carter & Rodgers, New York City, for defendant; Hammond E. Chaffetz, William R. Jentes, Chicago, Ill., Ronald S. Daniels, John D. Canoni, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendant Chicago Tribune-New York News Syndicate, Inc. (Tribune), a Delaware corporation, to dismiss the action because the complaint fails to state a claim upon which relief may be granted. Fed.R.Civ.P. 12(b) (6). For the reasons given hereafter, I feel obliged to deny the motion.

The complaint charges a violation by Tribune of Section 1 of the Sherman Act (15 U.S.C...

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