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ALPHA LYRACOM SPACE COM. v. COMMUNICATIONS SATELLITE

No. 977, Docket 90-7893.

946 F.2d 168 (1991)

ALPHA LYRACOM SPACE COMMUNICATIONS, INC., a Delaware Corporation; Reynold V. Anselmo, an individual, doing business as Pan American Satellite, a sole proprietorship, Plaintiffs-Appellants, v. COMMUNICATIONS SATELLITE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 30, 1991.

Attorney(s) appearing for the Case

Joseph M. Alioto, San Francisco, Cal. (Alioto and Alioto, San Francisco, Cal., Daniel R. Shulman, Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., and David L. Marks, Marks and Marks, New York City, on the brief), for plaintiffs-appellants.

A. Duncan Whitaker, Washington, D.C. (Alan M. Wiseman, Mark D. Wegener, Jerrold J. Ganzefried, Howrey & Simon, Washington, D.C., Thomas J. Sweeney, III, Davis, Markel & Edwards, New York City, and Willard R. Nichols, Warren Y. Zeger, Keith H. Fagan, Communications Satellite Corp., Washington, D.C., on the brief), for defendant-appellee.

Before NEWMAN and KEARSE, Circuit Judges, and STANTON, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal concerns primarily the issue whether the Communications Satellite Corporation ("COMSAT") is immune from antitrust liability for activity undertaken in its role as the United States representative to the International Telecommunications Satellite Organization ("INTELSAT"). The issue arises on an appeal from the September 14, 1990, judgment of the District Court for the Southern District of New York (John F. Keenan, Judge) dismissing...

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