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MORNING PIONEER, INC. v. BISMARCK TRIBUNE COMPANY

Nos. 73-1036, 73-1049.

493 F.2d 383 (1974)

The MORNING PIONEER, INC., Appellant, v. The BISMARCK TRIBUNE COMPANY, a corporation, Appellee and Cross Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1974.

Attorney(s) appearing for the Case

Bruce B. Bair, Mandan, N. D., for appellant.

Daniel J. Chapman, Bismarck, N. D., for appellee.

Before HEANEY, STEPHENSON and WEBSTER, Circuit Judges.

HEANEY, Circuit Judge.

This appeal arises out of a private antitrust suit between the publishers of two daily newspapers in southwestern North Dakota. The Morning Pioneer, Inc., publishes a morning paper, "The Morning Pioneer," in Mandan. Seven miles away in Bismarck, an evening paper, "The Bismarck Tribune," is published by The Bismarck Tribune Company.

For several years, there was very little competition for circulation...

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