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DISCON, INC. v. NYNEX CORP.

No. 1126, Docket 95-7673.

93 F.3d 1055 (1996)

DISCON, INCORPORATED, Plaintiff-Appellant, v. NYNEX CORPORATION, Nynex Material Enterprises, New York Telephone Company, Robert J. Eckenrode, and Bernard O'Reilly, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 26, 1996.

Attorney(s) appearing for the Case

Samuel A. Cherniak, New York City (Phyllis Gelman, Gelman & Feinberg, New York City; Goldstein, Navagh, Bulan & Chiari, Buffalo, NY, on the brief), for plaintiff-appellant.

Guy M. Struve, New York City (James D. Liss, Vincent T. Chang, Seth R. Lesser, Davis Polk & Wardwell; Edward S. Bloomberg, Kevin J. English, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, on the brief), for defendants-appellees.

Before: NEWMAN, Chief Judge, OAKES and PARKER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal involves an antitrust suit brought by a former supplier alleging that its purchaser and a competitor acted in violation of the Sherman Act and the Racketeer Influenced and Corrupt Organizations Act ("RICO"). Plaintiff-appellant Discon, Inc. ("Discon") appeals from the June 14, 1995, judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Judge). The District Court dismissed Discon...

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