AURARIA STUDENT HOUS. v. CAMPUS VILLAGE APARTMENTS

No. 15-1352.

843 F.3d 1225 (2016)

AURARIA STUDENT HOUSING AT THE REGENCY, LLC, a Colorado Limited Liability Company, Plaintiff-Appellee, v. CAMPUS VILLAGE APARTMENTS, LLC, a Delaware limited liability company, Defendant-Appellant. National Association of College and University Business Officers; Board of Governors for the Colorado State University System; Board of Trustees for Colorado Mesa University; Board of Trustees for the Colorado School of Mines; Board of Trustees for Western State Colorado University, Amici-Curiae.

United States Court of Appeals, Tenth Circuit.

December 15, 2016.


Attorney(s) appearing for the Case

Daniel D. Domenico , Kittredge LLC, Denver, Colorado ( Michael J. Hofmann , Bryan Cave, LLP, Denver, Colorado, on the briefs), for Defendant-Appellant.

Thomas P. McMahon ( G. Stephen Long with him on the briefs), Jones & Keller, P.C., Denver, Colorado, for Plaintiff-Appellee.

Cynthia H. Coffman , Attorney General, Frederick R. Yarger , Solicitor General, Glenn E. Roper , Deputy Solicitor General, Jonathan P. Fero , Assistant Solicitor General, Office of the Attorney General for the State of Colorado, Denver, Colorado, and Marc L. Fleischaker and Brian D. Schneider , Arent Fox LLP, Washington, D.C., filed an amicus brief on behalf of National Association of College and University Business Officers.

Before KELLY, McKAY, and McHUGH, Circuit Judges.


I. INTRODUCTION

This appeal is from a jury verdict finding Campus Village Apartments, LLC (Campus Village) in violation of § 2 of the Sherman Antitrust Act based on its participation in a conspiracy with the University of Colorado-Denver (UCD) to monopolize commerce. Auraria Student Housing at the Regency, LLC...

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