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NOBLE v. McCLATCHY NEWSPAPERS

Nos. 72-2021 and 72-2042.

537 F.2d 1030 (1976)

Willard M. NOBLE and Etta M. Noble, Plaintiffs-Appellees, v. McCLATCHY NEWSPAPERS, a corporation, et al., Defendants-Appellants. Willard M. NOBLE and Etta M. Noble, Plaintiffs-Appellants, v. McCLATCHY NEWSPAPERS, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 20, 1976.

Attorney(s) appearing for the Case

Richard Haas (argued), Brobeck, Phleger & Harrison, San Francisco, Cal., for defendants-appellants.

Timothy H. Fine (argued), San Francisco, Cal., for plaintiffs-appellees.

Before BROWNING and TRASK, Circuit Judges, and GRAY, District Judge.

ORDER

The petition for rehearing was held pending the decision in GTE Sylvania, Inc. v. Continental T. V., Inc., 537 F.2d 980 (9th Cir. 1976). It is now denied.

As noted in the opinion in this case (see note 14), this case and GTE Sylvania deal with different questions. This case and Schwinn involve the legality of restrictions upon the territory in which a purchasing dealer may resell. The majority...

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