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MOSTLY MEDIA, INC. v. U.S. WEST COMMUNICATIONS

No. 98-2687.

186 F.3d 864 (1999)

MOSTLY MEDIA, INC., a Nebraska Corporation; Pixel Image Transformatte, Inc., a Nebraska Corporation; and Imageware, Inc., a Nebraska Corporation, doing business as Cottonwood Communications, Inc., Appellants, v. U.S. WEST COMMUNICATIONS; U.S. Marketing Resources Group, Inc., doing business as U.S. West Direct; U.S. West; U.S. West Communications Group, Inc.; Interactive Video Enterprises, Inc.; U.S. West Interactive Services, Inc.; U.S. West Multimedia Communications, Inc.; U.S. West Multimedia Services Group, Inc.; U.S. West Advanced Technologies, Inc.; U.S. West Business Resources, Inc., Colorado Corporations; U.S. West Enhanced Services, Inc., a Washington Corporation; and U.S. West Multimedia Services of Omaha, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 1999.

Attorney(s) appearing for the Case

Christopher D. Curzon, Omaha, NE, argued, for Appellants.

Tory M. Bishop, Omaha, NE, argued, for Appellees.

Before: RICHARD S. ARNOLD and WOLLMAN, Circuit Judges, and WOLLE, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

This appeal arises from a lawsuit brought in 1994 against U.S. West and several of its affiliates. The appellants, Mostly Media, Inc., Pixel Transformatte, Inc., and Imageware, Inc., allege that U.S. West violated antitrust laws, discriminated against them in violation of the Federal Communications Act of 1934, and negligently manipulated their telephone lines. The District Court3 granted U.S. West's motion...

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