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BYARS v. BLUFF CITY NEWS CO., INC.

No. 77-1227.

609 F.2d 843 (1979)

Andrew BYARS, Plaintiff-Appellant, v. BLUFF CITY NEWS COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 16, 1979.

As Amended on Denial of Rehearing January 9, 1980.

Attorney(s) appearing for the Case

Martin W. Brown, Cobb, Edwards, Hamlet, Nichol & Woodall, Michael C. Williams, Memphis, Tenn., for plaintiff-appellant.

Stephen H. Biller, Memphis, Tenn., Sam M. Phelps, Tuscaloosa, Ala., for defendant-appellee.

Before KEITH and MERRITT, Circuit Judges, and GREEN, Senior District Judge.

KEITH, Circuit Judge.

This case presents intriguing questions of single firm monopoly power under section 2 of the Sherman Antitrust Act, 15 U.S.C. § 2.1 The principle issue presented is one of the most unsettled and vexatious in the antitrust field: under what circumstances does a monopolist have a duty to deal?2

The plaintiff, Andrew Byars (Byars), had a long-standing business relationship with...

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