JEBACO, INC. v. HARRAH'S OPERATING CO., INC.

No. 08-30289.

587 F.3d 314 (2009)

JEBACO, INC., Plaintiff-Appellant, v. HARRAH'S OPERATING CO., INC.; Harrah's Lake Charles, LLC; Harrah's Star Partnership; Players Lake Charles, LLC; Players Riverboat Management, LLC; Players Riverboat II, LLC; Pinnacle Entertainment, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 30, 2009.


Attorney(s) appearing for the Case

Gladstone N. Jones, III (argued), Catherine E. Lasky, Lynn E. Swanson, Jones, Swanson, Huddell & Garrison, New Orleans, LA, for Jebaco, Inc.

Roy C. Cheatwood, Steven Franklin Griffith, Jr., Amelia Williams Koch (argued), Alexander McVoy McIntyre, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Harrah's Operating Co., Inc., Players Lake Charles, LLC, Players Riverboat Management, LLC, Players Riverboat II, LLC.

Mark Joseph Briol (argued), Joseph M. Musilek, Briol & Associates, Minneapolis, MN, Roy C. Cheatwood, Alexander McVoy McIntyre, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Harrah's Lake Charles, LLC, Harrah's Star Partnership.

Mark Joseph Briol (argued), Joseph M. Musilek, Briol & Associates, Minneapolis, MN, Robert H. Murphy, Peter Brooks Sloss, Murphy, Rogers, Sloss & Gambel, New Orleans, LA, for Pinnacle Entertainment, Inc.

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.


EDITH H. JONES, Chief Judge:

Jebaco Inc. appeals the dismissal of its federal antitrust claims against Pinnacle Entertainment and Harrah's Operating Company, Inc., along with five Harrah's subsidiaries ("Harrah's").1 The district court dismissed the claims under Fed. Rule Civ. Proc. 12(c) as barred by the state action doctrine and Noerr-Pennington petitioning immunity. We affirm on the...

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