BALTIMORE SCRAP CORP. v. DAVID J. JOSEPH CO.

No. 00-1141.

237 F.3d 394 (2001)

BALTIMORE SCRAP CORPORATION, formerly known as Brooklyn Salvage Corporation, Plaintiff-Appellant, v. The DAVID J. JOSEPH COMPANY, t/a United Iron & Metal Company; David J. Workum, III; John Does 1-10; I.D. Shapiro; James Shapiro; Charles Baum; United Holdings Company, Incorporated; United Operating Company, Incorporated; United Investment Enterprises Partnership, Defendants-Appellees, Francis X. Duggan; Rich & Henderson, PC; Donald Levenson; Marlen Trading Company; Isaac M. Neuberger; Thomas M. Wood, Iv; Warren K. Rich; Timothy R. Henderson; David B. Irwin, Movants.

United States Court of Appeals, Fourth Circuit.

Decided January 18, 2001.


Attorney(s) appearing for the Case

ARGUED: Lewis A. Noonberg, Piper, Marbury, Rudnick & Wolfe, L.L.P., Baltimore, MD, for Appellant.

G. Jack Donson, Taft, Stettinius & Hollister, L.L.P., Cincinnati, Ohio; Carter G. Phillips, Sidley & Austin, Washington, DC, for Appellees.

ON BRIEF: Kathleen A. Ellis, Piper, Marbury, Rudnick & Wolfe, L.L.P., Baltimore, MD; Charles S. Hirsch, Robert A. Scott, Ballard, Spahr, Andrews & Ingersoll, L.L.P., Baltimore, MD, for Appellant.

Daniel R. Warncke, Taft, Stettinius & Hollister, L.L.P., Cincinnati, OH; Robert J. Carson, Gary R. Jones, Baltimore, MD, for Appellees; Thomas M. Wood, IV, Allan P. Hillman, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore, MD, for Appellees.

Before WILKINSON, Chief Judge, WILLIAMS, Circuit Judge, and Frank J. Magill, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.


Affirmed by published opinion. Chief Judge Wilkinson wrote the opinion, in which Judge Williams and Senior Judge Magill joined.

OPINION

WILKINSON, Chief Judge:

This antitrust case stems from a protracted dispute over Baltimore Scrap Corp.'s attempt to install a scrap metal shredder in Baltimore, Maryland in 1991. Baltimore Scrap alleges that the defendants violated the Sherman Act, 15 U.S.C. § 1 (1994), by surreptitiously financing litigation...

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