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PROGRAM ENGINEERING v. TRIANGLE PUBLICATIONS

No. 78-2556.

634 F.2d 1188 (1980)

PROGRAM ENGINEERING, INC., a corporation, Ralph B. Akins, an individual, Plaintiffs-Appellants, v. TRIANGLE PUBLICATIONS, INC., a corporation, Daily Racing Form, Inc., a corporation, Los Angeles Turf Club, a corporation, Hollywood Turf Club, a corporation, California Jockey Club, a corporation, Newspaper and Periodical Drivers Local No. 921 an unincorporated association, Jack Goldberger, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted July 21, 1980.

Decided December 1, 1980.

Rehearing Denied January 1, 1981.

Attorney(s) appearing for the Case

Maxwell P. Keith, San Francisco, Cal., for plaintiffs-appellants.

Joseph L. Golden, Los Angeles, Cal., David H. Weinstein, Philadelphia, Pa., F. B. Yoakum, Iverson, Yoakum, Papiano & Hatch, Los Angeles, Cal., Joel Linzner, Broad, Khourie & Schulz, San Francisco, Cal., argued for defendants-appellees; Kohn, Savett, Marion & Graf, Philadelphia, Pa., Martin Glenn, O'Melveny & Meyers, Los Angeles, Cal., Eugene C. Crew, San Francisco, Cal., on brief.

Before CHOY, ANDERSON and FARRIS, Circuit Judges.

CHOY, Circuit Judge:

Appellants initiated a private antitrust action alleging that appellees conspired to violate and that three of the appellees did violate sections 1 and 2 of the Sherman Act, 15 U.S.C. § 1, 2, by unfairly restraining trade and by monopolizing the national publication, for sale to the public, of information of past performances of thoroughbred race horses. The district court granted summary judgment in favor of the appellees. We affirm in part...

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