CAPITAL IMAGING ASSOCIATES v. MOHAWK VALLEY MEDICAL ASSOC.

No. 414, Docket 92-7639.

996 F.2d 537 (1993)

CAPITAL IMAGING ASSOCIATES, P.C., Plaintiff-Appellant, v. MOHAWK VALLEY MEDICAL ASSOCIATES, INC., Mohawk Valley Physicians Plan, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 10, 1993.


Attorney(s) appearing for the Case

Phillip G. Steck, Albany, NY (Mark E. Watkins, Cooper, Erving, Savage, Nolan & Heller, Albany, NY, of counsel), for plaintiff-appellant.

William G. Kopit, New York City (Clifford E. Barnes, Epstein, Becker & Green, P.C., New York City, J. Edward Neugebauer, Washington, DC, of counsel), for defendants-appellees.

Before: NEWMAN, CARDAMONE, and MAHONEY, Circuit Judges.


CARDAMONE, Circuit Judge:

We have before us on this appeal a claimed violation of the Sherman Antitrust Act. Certainly one strand of the philosophical underpinning leading to the passage of that Act is derived from the thinking of John Stuart Mill, who, in his influential essay "On Liberty," observed: "trade is a social act. Whoever undertakes to sell any description of goods to the public, does what affects the interest...

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