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EICHORN v. AT & T CORP.

No. 99-5791.

248 F.3d 131 (2001)

Kurt H. EICHORN; William J. Huckins; T. Roger Kiang; Edward W. Landis; Orlando Napolitano, individually and on behalf of all others similarly situated; Gilbert G. Daley; Susan H. Dibona; Beth King; Michael S. Oratowski; Thomas L. Salisbury; Lawrence Walsh, individually and on behalf of all others similarly situated, Appellants, v. AT & T CORP; Lucent Technologies, Inc.; Texas Pacific Group.

United States Court of Appeals, Third Circuit.

Filed April 23, 2001.

As Amended June 12, 2001.

Attorney(s) appearing for the Case

NOEL C. CROWLEY, ESQUIRE, (ARGUED), Crowley & Crowley, Morristown, NJ, Attorney for Appellants.

JONATHAN E. HILL, ESQUIRE, (ARGUED), KATHY A. LAWLER, ESQUIRE, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, JAMES E. TYRRELL, JR., ESQUIRE, (ARGUED), SCOTT L. WEBER, ESQUIRE, Latham & Watkins, Newark, NJ, Attorneys for Appellees, AT & T Corp. and Lucent Technologies, Inc.

DAVID M. FABIAN, ESQUIRE, (ARGUED), Traflet & Fabian, Morristown, NJ, Attorney for Appellee, Texas Pacific Group.

BEFORE: SCIRICA and AMBRO, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this appeal from the grant of summary judgment we must decide whether defendants AT & T Corp., NCR Corp., Lucent Technologies, and Texas Pacific Group's agreement to restrict the hiring of certain employees upon Lucent's sale of Paradyne Corp. was a violation of § 1 of the Sherman Antitrust Act. We also must decide whether this no-hire agreement which effectively cancelled the plaintiff employees'...

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