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LITTON SYSTEMS, INC. v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY

Nos. 76 Civ. 2512(WCC), 77 Civ. 3720(WCC).

525 F.Supp. 154 (1981)

LITTON SYSTEMS, INC., et al., Plaintiffs, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, et al., Defendants. NEW YORK TELEPHONE COMPANY, et al., Counterclaimants, v. LITTON SYSTEMS, INC., et al., Counterdefendants. LITTON SYSTEMS, INC., Plaintiff, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant.

United States District Court, S. D. New York.

October 1, 1981.

Attorney(s) appearing for the Case

Howrey & Simon, Washington, D. C., Peter E. Fleming, Jr., Curtis, Mallet-Prevost, Colt & Mosle, New York City, for plaintiffs-counterdefendants; William Simon, John W. Nields, Jr., Washington, D. C., of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendants-counterclaimants; Leonard Joseph, Harvey Kurzweil, J. Paul McGrath, Joseph Angland, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

Plaintiffs' motion for injunctive relief is denied for the following reasons:

1. Plaintiffs withdrew from the telephone terminal equipment business about 1976 and have repeatedly declared that they do not intend to re-enter that business.

2. Defendants' past conduct which the jury found to be anticompetitive or predatory is unlikely to be repeated because defendants' previous tariffs providing that...

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