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HIGH TECHNOLOGY CAREERS v. SAN JOSE MERCURY NEWS

No. 91-16526.

996 F.2d 987 (1993)

HIGH TECHNOLOGY CAREERS, a California partnership, Plaintiff-Appellant, v. SAN JOSE MERCURY NEWS, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1993.

Attorney(s) appearing for the Case

John I. Alioto, Michael J. Bettinger, Alioto & Alioto, San Francisco, CA, for plaintiff-appellant.

John E. Sparks, Antje J. Johnson, and Ronald S. Wynn, Brobeck, Phleger & Harrison, San Francisco, CA, for defendant-appellee.

Before: FARRIS, POOLE and WIGGINS, Circuit Judges.

FARRIS, Circuit Judge:

High Technology Careers appeals the district court's summary judgment in favor of the San Jose Mercury News in HTC's antitrust action alleging that Mercury News violated the Sherman Act, 15 U.S.C. § 2, by refusing to continue to publish HTC's advertising insert. We have jurisdiction of the timely appeal pursuant to 28 U.S.C. § 1291. We reverse.

FACTS

The San Jose Mercury News is a daily newspaper published...

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