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DANNY KRESKY ENTERPRISES CORP. v. MAGID

Nos. 83-5074, 83-5075.

716 F.2d 206 (1983)

DANNY KRESKY ENTERPRISES CORPORATION, Appellant and Cross-Appellee, v. Larry MAGID, Herbert Spivak, Joseph Spivak and Allen Spivak, individually and trading as Electric Factory Concerts, Appellees and Cross-Appellants.

United States Court of Appeals, Third Circuit.

Decided September 2, 1983.

Attorney(s) appearing for the Case

Steven M. Kramer (argued), Philadelphia, Pa., for appellant and cross-appellee, Danny Kresky Enterprises Corp.; Robert Whitehill, Pittsburgh, Pa., of counsel.

Richard P. McElroy (argued), Jeanne P. Wrobleski, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for appellees and cross-appellants, Larry Magid, Herbert Spivak, Joseph Spivak and Allen Spivak, individually and trading as Elec. Factory Concerts; H. Yale Gutnick, Strassburger, McKenna, Messer, Shilobod & Gutnick, Pittsburgh, Pa., of counsel.

Before SEITZ, Chief Judge, SLOVITER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Before us are cross-appeals by plaintiff, Danny Kresky Enterprises Corporation (Kresky Corp.), and defendants, Larry Magid, Herbert Spivak, Joseph Spivak and Allen Spivak, individually and trading as Electric Factory Concerts, a partnership (Electric Factory), arising out of Kresky Corp.'s suit in which it alleged Electric Factory committed antitrust violations in connection with the promotion of...

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