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TV SIGNAL CO. OF ABERDEEN v. AM. TEL. & TEL.

No. 79-1280.

617 F.2d 1302 (1980)

TV SIGNAL COMPANY OF ABERDEEN, a corporation, Appellant, v. AMERICAN TELEPHONE & TELEGRAPH, a corporation, and Northwestern Bell Telephone Company, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 20, 1980.

Attorney(s) appearing for the Case

Daniel Stark, Washington, D. C., for appellant; Alan Raywid, Burt A. Braverman, and Frances J. Chetwynd, Washington, D. C., and Joseph M. Butler, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S. D., on the brief.

John D. French, Faegre & Benson, Minneapolis, Minn., for appellees; James Fitzmaurice, John F. Beukema, Minneapolis, Minn., Harold C. Doyle, May, Johnson, Doyle, Becker & Fisher, Sioux Falls, S. D., and Donald R. Shultz, Lynn, Jackson, Shultz & Lebrun, Rapid City, S. D., on the brief.

Before LAY, Chief Judge, and HEANEY and HENLEY, Circuit Judges.

LAY, Chief Judge.

TV Signal Company of Aberdeen, a South Dakota corporation, appeals the dismissal of its action brought under the antitrust laws against American Telephone & Telegraph (AT&T) and Northwestern Bell Telephone Company (Bell). It originally filed a complaint alleging that the defendants had refused to allow TV Signal to attach its cable, used for transmitting CATV signals, to the defendants' poles. The complaint alleged facts showing that defendants...

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