BROADWAY DELIVERY CORP. v. UNITED PARCEL SERV.

No. 534, Docket 80-7727.

651 F.2d 122 (1981)

BROADWAY DELIVERY CORP., et al., Plaintiffs-Appellants, v. UNITED PARCEL SERVICE OF AMERICA, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 3, 1981.


Attorney(s) appearing for the Case

Joseph M. Alioto, San Francisco, Cal. (Lawrence G. Papale, Alioto & Alioto, San Francisco, Cal., and Elliot L. Schaeffer, Schaeffer, Schaeffer & Sands, New York City, on the brief), for appellants.

Irving R. Segal, Philadelphia, Pa. (Dennis R. Suplee, Arlene Fickler, Diana S. Donaldson, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Proskauer, Rose, Goetz & Mendelsohn, New York City, on the brief), for appellees.

Before LUMBARD and NEWMAN, Circuit Judges, and TENNEY, District Judge.


NEWMAN, Circuit Judge:

This is an appeal from a judgment of the District Court for the Southern District of New York (Kevin T. Duffy, Judge) dismissing, after a jury trial, a complaint for treble damages under § 4 of the Clayton Act, 15 U.S.C. § 15 (1976). The suit was brought by various firms that transport packages in the New York metropolitan area against United Parcel Service of America, Inc. (UPSA) and its...

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