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CASS STUDENT ADV., INC. v. NATIONAL ED. ADV. SERV., INC.

No. 74-1518.

516 F.2d 1092 (1975)

CASS STUDENT ADVERTISING, INCORPORATED, Plaintiff-Appellant, v. NATIONAL EDUCATIONAL ADVERTISING SERVICE, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 1975.

Rehearing and Rehearing En Banc Denied July 8, 1975.

Attorney(s) appearing for the Case

Jerald P. Esrick, Chicago, Ill., for plaintiff-appellant.

John T. Cusack and George M. Covington, Chicago, Ill., for defendant-appellee.

Before CLARK, Associate Justice (Retired), and CUMMINGS and TONE, Circuit Judges.

CUMMINGS, Circuit Judge.

This appeal is from the dismissal of a treble damage suit by Cass Student Advertising, Inc. ("Cass") against National Educational Advertising Services, Inc. ("NEAS") alleging violations of Sections 1 and 2 of the Sherman Act (15 U.S.C. §§ 1 and 2).

Count I of the complaint asserted that NEAS exercised monopoly power in the relevant market in violation of Section 2 of the Sherman Act. The relevant market was defined as "the...

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