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APTS v. HARCOURT BRACE JOVANOVICH

Nos. 95-56513, 95-56523.

108 F.3d 1147 (1997)

AMERICAN PROFESSIONAL TESTING SERVICE, INC., Plaintiff-Appellant-Cross-Appellee, v. HARCOURT BRACE JOVANOVICH LEGAL AND PROFESSIONAL PUBLICATIONS, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1997.

Attorney(s) appearing for the Case

John G. Roberts, Jr., Adam H. Charnes, Hogan & Hartson, Washington, D.C.; Thomas G. Jackson, Phillips Nizer Benjamin Krim & Ballon, New York City; Marc E. Golden, Riley & Reiner, Los Angeles, California, for the plaintiff-appellant-cross-appellee.

Richard R. Mainland, Fulbright & Jaworski, Los Angeles, California; George M. Borkowski, Mitchell, Silberberg & Knupp, Los Angeles, California; Stephen M. Axinn, Skadden, Arps, Slate, Meagher & Flom, New York City, for the defendant-appellee-cross-appellant.

Before: PREGERSON, D.W. NELSON, and O'SCANNLAIN, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the sponsor of BAR/BRI, the nation's dominant bar review course, violated the Sherman Act by distributing disparaging fliers about, and hiring a faculty member away from, the sponsor of Barpassers, one of its competitors.

I

Bar review companies offer courses to recent law school graduates who are preparing to sit for a state bar examination. The bar examination of most states includes...

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