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OFFICIAL AIRLINE GUIDES, INC. v. F. T. C.

No. 1217, Docket 80-4028.

630 F.2d 920 (1980)

OFFICIAL AIRLINE GUIDES, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided September 18, 1980.

Attorney(s) appearing for the Case

George W. McBurney, Sidley & Austin, Chicago, Ill. (Elroy H. Wolff, Thomas J. Hearity, Sidley & Austin, Washington, D. C., Edward Wolfe, White & Case, William H. Buchanan, Jr., New York City, on brief), for petitioner.

Howard E. Shapiro, Washington, D. C. (Michael N. Sohn, David C. Shonka, W. Dennis Cross, James C. Egan, Jr., Steven A. Newborn, Federal Trade Commission, Washington, D. C., on brief), for respondent.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and NICKERSON, District Judge.

OAKES, Circuit Judge:

This appeal raises the question whether a monopolist publisher of flight schedules not itself an air carrier has some duty under the Federal Trade Commission (FTC) Act not to discriminate unjustifiably between certificated air carriers and commuter airlines so as to place the latter at a significant competitive disadvantage. Petitioner, Official Airline Guides, Inc., which took over publication of the Official Airline Guide from The Reuben H...

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