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BOWEN v. NEW YORK NEWS, INC.

Nos. 423, 424, 425, Dockets 73-2648, 73-2668, 74-1257.

522 F.2d 1242 (1975)

Charles W. BOWEN, Jr., d/b/a Suburbia News Delivery Service, et al., Plaintiffs-Appellees, v. NEW YORK NEWS, INC., et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 23, 1975.

Attorney(s) appearing for the Case

W. P. Hindman, Jr., New York City (Townley, Updike, Carter & Rodgers, New York City, of counsel), for defendants-appellants New York News, Inc., Jack Underwood, Robert O'Sullivan, Anthony Catanzaro, David Auerbach, Donald A. Nizen, Gabriel Lewander, F. M. Flynn, Winfred James, John Erwin, also known as John Irwin, Sy Hecht, Ernest Smith, Joseph Conway, P. Pastorelli, J. Pastorelli, Bernard F. Smith, Howard Kent, E. DeBella, Mrs. Arthur C. Ellerman, Raymond Ledda, Arnold Blume, Waldo Rodriguez, E. Capazzi, Ronald Parkhurst, W. Joubert, C. McNally, J. Raben, Charles Ashdown, J. Occhino, R. Carroll, B. Smith, and "John" Reilly (whose first name is presently unknown).

Nicholas L. Coch, New York City, for defendants-appellants Lepore.

Herbert Monte Levy, New York City, for plaintiffs-appellees.

Before MOORE, FEINBERG and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

This action was brought in the Southern District of New York by 30 independent home newspaper delivery dealers against New York News, Inc. ("The News" herein), publisher of The Daily News and The Sunday News ("News" herein), various employees of The News and franchise dealers of the News, seeking injunctive relief and damages under §§ 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15, 26.1

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