FLYING J INC. v. COMDATA NETWORK, INC.

No. 03-4262.

405 F.3d 821 (2005)

FLYING J INC., a Utah corporation; CFJ Properties, a Utah partnership; Ton Services, a Utah corporation; TFJ, a Utah partnership; NCR; TCH, a Utah corporation, Plaintiffs-Appellees, v. COMDATA NETWORK, INC., a Maryland corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 13, 2005.


Attorney(s) appearing for the Case

Gregory J. Kerwin, Gibson, Dunn & Crutcher LLP, Denver, CO (F. Joseph Warin and Melanie L. Katsur, Gibson, Dunn & Crutcher, LLP, Washington, D.C., and Casey K. McGarvey, Berman, Tomsic & Savage, Salt Lake City, UT, with him on the brief), for Plaintiffs-Appellees Flying J, Inc., et al.

J. Gordon Cooney, Jr., Morgan, Lewis & Bockius LLP, Philadelphia, PA (Gary F. Bendinger and John H. Bogart, Bendinger, Crockett, Peterson & Casey, Salt Lake City, UT, with him on the briefs), for Defendant-Appellant Comdata Network, Inc.

Before McCONNELL and McKAY, Circuit Judges, and FRIOT, District Judge.


McCONNELL, Circuit Judge.

This appeal is the latest episode in a lengthy antitrust suit brought by Plaintiffs Flying J, Inc., TCH, L.L.C., CFJ Properties, TON Services, Inc., and CFJ (collectively "Flying J") against Defendant Comdata Network, Inc. ("Comdata"). The underlying lawsuit, filed in 1996, arose out of Comdata's alleged monopolization of two product markets related to the U.S. truck stop industry. In May 2001, after nearly five years of discovery and pretrial...

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