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MOBILFONE OF NORTHEASTERN PA. v. COM. TEL. CO.

No. 77-1585.

571 F.2d 141 (1978)

MOBILFONE OF NORTHEASTERN PENNSYLVANIA, INC., Appellant, v. COMMONWEALTH TELEPHONE COMPANY.

United States Court of Appeals, Third Circuit.

Decided February 8, 1978.

Attorney(s) appearing for the Case

Boris Shapiro, Barry M. Harvis, Verlin, Goldberg, Epstein, Beller & Shapiro, Philadelphia, Pa., for appellant.

Henry Kolowrat, Stephen A. Stack, Jr., Dechert Price & Rhoads, Philadelphia, Pa., for appellee.

Before ALDISERT and WEIS, Circuit Judges, and CHRISTENSEN, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal requires us to decide if the rule of Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1942), can be invoked to deny relief sought under the federal antitrust laws by one radio-telephone paging common carrier, certified by the Pennsylvania Public Utilities Commission [PUC], against another PUC-certified carrier. Appellant, Mobilfone of Northeastern Pennsylvania...

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