NORTHEASTERN TELEPHONE COMPANY, Plaintiff-Appellee,
v.
AMERICAN TELEPHONE AND TELEGRAPH COMPANY; Western Electric Company, Inc.; and The Southern New England Telephone Company, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 13, 1981.
Decided May 27, 1981.
Attorney(s) appearing for the Case
J. Robert Sheehy, Waco, Tex. (Philip E. McCleery, Sheehy, Lovelace & Mayfield, Waco, Tex., and J. Daniel Sagarin, Harrigan, Hurwitz, Sagarin & Rutkin, PC, Milford, Conn., of counsel), for plaintiff-appellee.
Howard J. Trienens, New York City (Harold S. Levy, William J. Jones, J. Paul McGrath, John M. Goodman, Andrew B. Donnellan, Jr., Frank C. Cheston, New York City, Lewis H. Ulman, William J. O'Keefe, Peter J. Tyrrell, New Haven, Conn., Dewey, Ballantine, Bushby, Palmer & Wood, New York City, of counsel), for defendants-appellants.
Before KAUFMAN and KEARSE, Circuit Judges, and BRIEANT, District Judge.
United States Court of Appeals, Second Circuit.
IRVING R. KAUFMAN, Circuit Judge:
In Berkey Photo, Inc. v. Eastman Kodak Co.,603 F.2d 263 (2d Cir. 1979), cert. denied, 444 U.S. 1093, 100 S.Ct. 1061, 62 L.Ed.2d 783 (1980), this Court plumbed the crosscurrents of Section 2 of the Sherman Act, 15 U.S.C. § 2, holding that dominant firms, having lawfully acquired monopoly power, must be allowed to engage in the rough and tumble of competition. This case presents...
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