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GTE SYLVANIA INC. v. CONTINENTAL T. V., INC.

No. 71-1705.

537 F.2d 980 (1976)

GTE SYLVANIA INCORPORATED, Appellant, v. CONTINENTAL T. V., INC., a corporation, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

April 9, 1976.

Attorney(s) appearing for the Case

M. Laurence Popofsky (argued), of Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for appellant.

Lawrence A. Sullivan (argued), Berkeley, Cal., for appellees.

Before CHAMBERS, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, KILKENNY, CHOY, GOODWIN, WALLACE, and SNEED, Circuit Judges.

OPINION

ELY, Circuit Judge:

Pursuant to a jury verdict in a private antitrust action, a judgment and an equitable decree were entered in favor of the appellees (hereinafter, collectively, "Continental") and against the appellant (hereinafter "Sylvania"). On this appeal by Sylvania, the critical issue is whether the district judge erred in concluding, and instructing the jury accordingly, that, under the supposed...

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