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COSTELLO PUB. CO. v. ROTELLE

Nos. 80-2147, 80-2196.

670 F.2d 1035 (1981)

COSTELLO PUBLISHING CO., et al., Appellants, v. John E. ROTELLE, O. S. A., et al. COSTELLO PUBLISHING CO., INC., et al., v. John E. ROTELLE, O. S. A., et al., Episcopal Conference of Australia, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 10, 1981.

As Amended December 16, 1981.

Attorney(s) appearing for the Case

Charles R. Work and Nathalie P. Gilfoyle, Washington, D. C., with whom Timothy J. Waters, Lawrence White and Jeffrey N. Martin, Washington, D. C., were on the brief for Costello Pub. Co., Inc., et al., appellants in No. 80-2147 and appellees in No. 80-2196.

Terence P. Boyle, Washington, D. C., with whom Wilfred R. Caron, Washington, D. C., was on the brief for John E. Rotelle, O. S. A., et al., appellees in No. 80-2147 and No. 80-2196.

G. Franklin Rothwell, Washington, D. C., with whom Cynthia E. O. Clarke, Washington, D. C., was on the brief for The Episcopal Conference of Australia, et al., appellees in No. 80-2147 and cross-appellants in No. 80-2196.

Before McGOWAN, Senior Circuit Judge, and WILKEY and WALD, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This case involves a dispute between lay and clerical members of the Roman Catholic Church, who also share a commercial relationship. It began as an antitrust action initiated by the Costello Publishing Co. ("Costello")1 against officials of the Roman Catholic Church in the United States, the Bishops' Committee on the Liturgy ("BCL"), the National Conference...

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