TV COMMUNICATIONS NETWORK v. TURNER NETWORK

No. 91-1176.

964 F.2d 1022 (1992)

TV COMMUNICATIONS NETWORK, INC., Plaintiff-Appellant, v. TURNER NETWORK TELEVISION, INC., a/k/a TNT, a Georgia corporation, Defendant-Appellee, Entertainment and Sports Programming Network, Inc., a/k/a ESPN, Inc., a/k/a Entertainment Acquisition Ltd., a Delaware corporation; Capital Cities/ABC, Inc., d/b/a ABC Television Network, a/k/a ABC, a New York corporation; Tele-Communications, Inc., a/k/a TCI, a Delaware corporation; United Artists Entertainment Company, a/k/a UAE, a Delaware corporation; American Television and Communications Corp., a/k/a ATC, a Delaware corporation; Scripps Howard Cable Company, and Scripps Howard Communications ("SCRIPPS"), an Ohio corporation; Mile Hi Cable Company, d/b/a Mile Hi Cablevision, a/k/a Mile Hi, a Colorado corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

May 19, 1992.


Attorney(s) appearing for the Case

Irvin M. Kent, Aurora, Colo. (Daniel L. Brotzman, Englewood, Colo., with him on the brief), for plaintiff-appellant.

Alan P. Shor of Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga. (John J. Dalton, P.C. and June Ann Sanders of Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., Miles C. Cortez, Jr., and Stephen J. Hensen of Cortez Friedman & Coombe, Denver, Colo., with him on the brief), for defendant-appellee.

Before MOORE and BRORBY, Circuit Judges, and HUNTER, Senior District Judge.


BRORBY, Circuit Judge.

TV Communications Network, Inc. (TVCN) appeals the district court's dismissal of its antitrust complaint for failure to state a claim upon which relief can be granted. 767 F.Supp. 1062. See Fed. R.Civ.P. 12(b)(6). TVCN further alleges the district court abused its discretion by denying TVCN leave to file a second amended complaint. We affirm.

I. BACKGROUND

TVCN's amended complaint...

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