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BELFIORE v. NEW YORK TIMES CO.

No. 1351, Docket 87-7280.

826 F.2d 177 (1987)

Rosemary BELFIORE, d/b/a Nutmeg News, Murray Berman, d/b/a Berman News Service and Murray's News Service, Brookwood Services Corporation, Greenacres Com News Ltd., Grove News Service, Inc., Zigmunt Poplaski, d/b/a Z & J News Service, Richard Ritter, d/b/a Greenfield Hills News Service, and Eric Scott, d/b/a New Canaan/Scotty's News Service, Plaintiffs-Appellants, v. The NEW YORK TIMES COMPANY and MCI Corporation, Defendants-Appellees, Harold Ball, Jr., d/b/a Ball News Service, Eric Scott, d/b/a New Canaan/Scotty's News Service, Rosemary Belfiore, d/b/a Nutmeg News, Murray Berman, d/b/a Berman News Service and Murray's News Service, Salvatore Belfiore, d/b/a Nutmeg News and James J. Hill, d/b/a Muke's News, Third-Party Defendants, Defendants on Counterclaim.

United States Court of Appeals, Second Circuit.

Decided August 7, 1987.

Attorney(s) appearing for the Case

Denis McInerney, New York City (George Freeman, The New York Times Co., New York City, Charles Platto, Patricia Farren, David S. Smith, Cahill Gordon & Reindel, New York City, of counsel), for defendant-appellee The New York Times Co.

John E. Lee, New Haven, Conn., Ronald J. Cohen, Tyler Cooper & Alcorn, New Haven, Conn., on brief, for defendant-appellee MCI Corp.

Peter G. Eikenberry, New York City (Paul R. Levenson, Marilyn B. Fagelson, New York City, of counsel), for plaintiffs-appellants.

Before OAKES, MESKILL and PRATT, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment entered in the United States District Court for the District of Connecticut, Zampano, J., which granted the motion for summary judgment offered by defendants, The New York Times Co. (the Times), several newspaper wholesalers that distribute The New York Times and MCI Corporation (now named Callcenter Services, Inc. and hereinafter CSI), an independent telephone soliciting firm employed by the Times....

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