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BUFFALO COURIER-EXP. v. BUFFALO EVENING NEWS

No. 518, Docket 77-7617.

601 F.2d 48 (1979)

BUFFALO COURIER-EXPRESS, INC., Appellee, v. BUFFALO EVENING NEWS, INC., Appellant.

United States Court of Appeals, Second Circuit.

Decided April 16, 1979.

Attorney(s) appearing for the Case

Frederick P. Furth, San Francisco, Cal. (Furth, Fahrner & Wong, San Francisco, Cal., Daniel S. Mason and Joel Yodowitz, San Francisco, Cal., of counsel), Falk, Siemer, Glick, Tuppen & Maloney, Buffalo, N.Y. (Charles D. Tuppen, Jr., Buffalo, N.Y., of counsel), for appellee Buffalo Courier-Express, Inc.

Peter R. Taft, Los Angeles, Cal. (Munger, Tolles & Rickershauser, Los Angeles, Cal., Ernest J. Zack, Allen M. Katz, and Harold A. Barza, Los Angeles, Cal., of counsel), Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N.Y. (Richard E. Moot, James M. Kieffer and Christopher T. Greene, Buffalo, N.Y., of counsel), for appellant Buffalo Evening News, Inc.

Before FRIENDLY, SMITH and OAKES, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal is from three orders of Judge Brieant, sitting by designation in the District Court for the Western District of New York, in a civil antitrust suit by Buffalo Courier-Express, Inc. (the Courier) against Buffalo Evening News, Inc. (the News). The Courier had been Buffalo's only week-day morning newspaper and only Sunday paper. The News had been Buffalo's only weekday evening paper; on Saturday evening it published a larger "weekend...

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