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IN RE AIRPORT CAR RENTAL ANTITRUST LITIGATION

No. 81-4399.

693 F.2d 84 (1982)

In re AIRPORT CAR RENTAL ANTITRUST LITIGATION. BUDGET RENT-A-CAR OF WASHINGTON-OREGON, INC., Plaintiff-Appellant, v. The HERTZ CORP. and National Car Rental System, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1982.

Rehearing and Rehearing Denied January 26, 1983.

Attorney(s) appearing for the Case

F. Douglas Ruud, Diamond, Sylvester, Seattle, Wash., for plaintiff-appellant.

Jerome Shestack, Philadelphia, Pa., Daniel R. Shulman, Minneapolis, Minn., argued, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., James Walsh, Pillsbury, Madison & Sutro, San Francisco, Cal., Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., Robert D. Raven, Morrison & Foerster, San Francisco, Cal., on brief, for defendants-appellees.

Francis O. Scarpulla, San Francisco, Cal., Gerald Maltz, Tucson, Ariz., Joseph M. Alioto, San Francisco, Cal., for amicus curiae.

Before CHOY, SNEED and FARRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 26, 1983.

CHOY, Circuit Judge:

This appeal requires us to decide whether the so-called Noerr-Pennington exemption from the antitrust laws protects concerted efforts to lobby public officials who operate state-owned airports. We, as did the district court, conclude that it does.

I. Facts

A number of relatively small car-rental companies sued The Hertz Corp., Avis Rent A Car Systems...

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