AFFILIATED CAPITAL CORP. v. CITY OF HOUSTON

No. 81-2335.

735 F.2d 1555 (1984)

AFFILIATED CAPITAL CORPORATION, Etc., Plaintiff-Appellant, v. CITY OF HOUSTON, et al., Defendants, Gulf Coast Cable Television and James J. McConn, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 17, 1984.


Attorney(s) appearing for the Case

Stephen D. Susman, William H. White, Charles J. Brink, Houston, Tex., Michael M. Barron, Austin, Tex., for plaintiff-appellant.

Rufus Wallingford, Houston, Tex., for City of Houston and Jim McConn.

John L. Jeffers, Richard B. Miller, Houston, Tex., for Gulf Coast Cable.

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, GARZA, REAVLEY, POLITZ, TATE, JOHNSON, WILLIAMS, JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges.


GARZA, Circuit Judge:

In Affiliated Capital Corp. v. City of Houston, 519 F.Supp. 991 (S.D.Tex.1981), the district court granted the defendant's judgment n.o.v. motion in an antitrust action because it believed there was insufficient evidence connecting plaintiff's theory of conspiracy to limit competition and its failure to receive a cable television franchise. A divided panel of this court reversed that decision holding...

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