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SEGAL v. AMERICAN TELEPHONE & TELEGRAPH, CO., INC.

No. 77-2788.

606 F.2d 842 (1979)

Joseph SEGAL, Plaintiff, and Western States Telephone Co., Inc., etc., Appellant, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, INC., etc., et al., Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended October 29, 1979.

Attorney(s) appearing for the Case

Joel R. Bennett, Kendrick, Netter, Orr & Bennett, Los Angeles, Cal., on brief, for appellant; Richard C. Leonard, Beverly Hills, Cal., argued.

Donald K. King, Los Angeles, Cal., on brief, for appellees; Frank Rothman, Wyman, Bautzer, Rothman & Kuchel, Los Angeles, Cal., argued.

Before TUTTLE, HUFSTEDLER, and GOODWIN, Circuit Judges.

PER CURIAM:

Western States Telephone Company appeals from a summary judgment for the defendants in a treble-damage action based on alleged violations of the Sherman Act, 15 U.S.C. §§ 1 and 2. The district court held that principles of res judicata deprived the court of subject matter jurisdiction, and, alternatively, that the statute of limitations barred Western States' action. We affirm the district court's holding on the jurisdictional issue, but we vacate...

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