STATE OF MISSOURI, Appellant,
v.
NATIONAL ORGANIZATION FOR WOMEN, INC., Appellee.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted November 7, 1979.
Decided March 28, 1980.
Attorney(s) appearing for the Case
Roger Bern, Asst. Atty. Gen., Jefferson City, Mo., for appellant; John Ashcroft, Atty. Gen., Walter O. Theiss, Gregory D. Hoffmann and Nanette Laughrey, Asst. Attys. Gen., Jefferson City, Mo., on brief.
John E. Vanderstar, Covington & Burling, Washington, D. C., for appellee; David J. Cynamon, Clare Dalton and Donna L. Kohansky, Washington, D. C., Betty K. Wilson, Welliver, Atkinson & Eng, Columbia, Mo. and Phyllis Segal, Legal Director, NOW Legal Defense & Ed. Fund, New York City, on brief.
Bruce V. Bordelon, Ruth Bader Ginsburg, Columbia University School of Law, William J. Hibsher and Jo-Ann H. Whitehorn, New York City, on brief of amicus curiae, Special Committee on Sex and Law.
Nathan Z. Dershowitz and Joseph B. Robison, American Jewish Congress, New York City, Marilyn Berner, Judith E. Diamond, Carolynn N. Fischel, Boston, Mass., Daniel J. Landau, Concord, Mass., Mark Michelson and Alexandra Moses, Boston, Mass., on brief of amicus curiae, American Jewish Congress.
Ellen Broadman and Alan Mark Silbergeld, Washington, D. C., on brief of amicus curiae, Consumers Union.
Dian D. Ogilvie and Vicki E. Land and Marjorie S. Steinberg, Los Angeles, Cal., on brief of amicus curiae, California Women Lawyers, et al.
Philip Elman, Toni G. Allen and Nancy H. Hendry, Wald, Harkrader & Ross, Washington, D. C., David R. Morris, Kansas City, Mo., Diana A. Steele, American Civil Liberties Union, and Women's Equity Action League, New York City, on brief of amicus curiae, American Civil Liberties Union, et al.
Harold Baer, Jr., President, New York County Lawyers' Ass'n, New York City and Margaret H. McDowell, Chairperson, Rochelle M. Corson, Susan B. Lindenauer and Joan Offner, Special Committee on Women's Rights, New York City, on brief of amicus curiae, N. Y. County Lawyers Ass'n.
Before GIBSON, Chief Judge, STEPHENSON and HENLEY, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
STEPHENSON, Circuit Judge.
This case poses serious questions concerning the First Amendment's right of petition and the scope of the antitrust laws. The primary question with which we must deal is the applicability of the Sherman Act to a politically motivated but economically tooled boycott participated in and organized by noncompetitors of those who suffered as a result of the boycott.
Essentially, the National Organization for Women, Inc., (NOW) organized...
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