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JUSTER ASSOCIATES v. CITY OF RUTLAND, VT.

No. 579, Docket 89-7747.

901 F.2d 266 (1990)

JUSTER ASSOCIATES and Juster Development Company, Plaintiffs-Appellants, v. CITY OF RUTLAND, VERMONT, William Finard, Damian Zamias, Steven Mosites, the Zamias Group, Inc., Rutland Associates, Finard-Rutland Realty Limited Partnership, Rutland-Zamias Limited Partnership, Finard-Zamias Associates, and Finard-Zamias Rutland Development Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 12, 1990.

Attorney(s) appearing for the Case

Alan B. George, Rutland, Vt. (Timothy Martin, Carroll, George & Pratt, Rutland, Vt., of counsel), for Plaintiffs-Appellants.

John H. Shenefield, Washington, D.C. (Peter E. Halle, Michael F. Clayton, Melinda R. Hatton, Morgan, Lewis & Bockius, Washington, D.C., Gary H. Barnes, Robert A. Miller, Jr., Downs, Rachlin & Martin, Burlington, Vt., Barry Waxman, Finard & Co., Burlington, Mass., of counsel), for Defendants-Appellees.

David L. Cleary, Rutland, Vt. (Miller, Cleary & Faignant, Rutland, Vt. of counsel), for Defendant-Appellee City of Rutland.

Before KEARSE and WINTER, Circuit Judges, and HAIGHT, District Judge.

WINTER, Circuit Judge:

This antitrust action pits developers who are seeking permits necessary to begin construction of a new shopping mall against the owners of an existing mall who possess permits allowing them to double its size. The novel aspect of this not-unusual scenario is that the existing mall is accusing its as-yet non-existent competitor of monopolistic practices.

Two New York partnerships that wish to expand their shopping mall in Rutland, Vermont...

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