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COMMUNITY PUBLISHERS, INC. v. DR PARTNERS

Nos. 95-2976, 95-3165, 95-3355 and 95-3358.

139 F.3d 1180 (1998)

COMMUNITY PUBLISHERS, INC.; Shearin, doing business as Shearin & Company Realtors, Inc., Plaintiffs — Appellees, v. DR PARTNERS, doing business as Donrey Media Group; Thomson Newspapers, Inc.; Northwest Arkansas Times, Defendants, NAT, L.C., Defendant — Appellant, Little Rock Newspaper, doing business as Arkansas Democrat-Gazette, Inc., Movant. UNITED STATES of America, Plaintiff — Appellee, v. NAT, INC., Defendant — Appellant, DR Partners, doing business as Donrey Media Group, Inc., Defendants, Freedom Communications, Inc., Amicus Curiae. COMMUNITY PUBLISHERS, INC.; Shearin, doing business as Shearin & Company Realtors, Inc., Plaintiffs — Appellees, v. DR PARTNERS, doing business as Donrey Media Group, Defendant — Appellant, Thomson Newspapers, Inc.; Northwest Arkansas Times; NAT, L.C., Defendants, Little Rock Newspaper, doing business as Arkansas Democrat-Gazette, Inc., Movant. UNITED STATES of America, Plaintiff — Appellee, v. NAT, INC.; DR Partners, doing business as Donrey Media Group, Inc., Defendants, Freedom Communications, Inc., Amicus Curiae. COMMUNITY PUBLISHERS, INC.; Shearin, doing business as Shearin & Company Realtors, Inc., Plaintiffs — Appellees, v. DR PARTNERS, doing business as Donrey Media Group; Thomson Newspapers, Inc., Northwest Arkansas Times, Defendants, NAT, L.C., Defendant — Appellant, Little Rock Newspaper, doing business as Arkansas Democrat-Gazette, Inc., Movant. UNITED STATES of America, Plaintiff, v. NAT, INC., DR Partners, doing business as Donrey Media Group, Inc., Defendants, Freedom Communications, Inc., Amicus Curiae. COMMUNITY PUBLISHERS, INC.; Shearin, doing business as Shearin & Company Realtors, Inc., Plaintiffs — Appellees, v. DR PARTNERS, doing business as Donrey Media Group, Defendant — Appellant, Thomson Newspapers, Inc.; Northwest Arkansas Times; NAT, L.C., Defendants, Little Rock Newspaper, doing business as Arkansas Democrat-Gazette, Inc., Movant. UNITED STATES of America, Plaintiff, v. NAT, INC.; DR Partners, doing business as Donrey Media Group, Inc., Defendants, Freedom Communications, Inc., Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided March 25, 1998.

Attorney(s) appearing for the Case

Amy Lee Stewart, Little Rock, AR, argued (Jerry C. Jones, Garland J. Garrett, Grand E. Fortson, Kathryn Bennett Perkins, Michael N. Shannon, and W.W. Bassett, Jr., on the brief), for Defendant-Appellant NAT, L.C.

Amy Lee Stewart, Little Rock, AR, argued (James M. Dunn, on the brief), for Defendant-Appellant DR Partners.

Mark S. Popofsky, U.S. Department of Justice, Washington, DC, argued (Robert B. Nicholson, Craig W. Conrath, Philip R. Malone, Allee A. Ramadhan, Alexander Y. Thomas, and Brigid L. Thomas, on the brief), for Plaintiff-Appellee U.S.

Philip S. Anderson, Little Rock, AR, argued (Peter G. Kumpe, John E. Tull, III, Leon Holmes and Jeanne L. Seewald, on the brief), for Plaintiff-Appellee Community Publishers.

Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.

BOWMAN, Circuit Judge.

NAT, L.C. (NAT) and DR Partners d/b/a Donrey Media Group (Donrey) appeal from the judgment and amended judgment of the District Court.1 The case concerns the lawfulness of a newspaper acquisition. After a bench trial, the court (1) held that NAT's acquisition of the Northwest Arkansas Times (the Times) violated Section 7 of the Clayton Act, 15 U.S.C. § 18, (2) ordered NAT and Thomson Newspapers, Inc....

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