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RED BARON-FRANKLIN PARK, INC. v. TAITO CORP.

No. 88-1368.

883 F.2d 275 (1989)

RED BARON — FRANKLIN PARK, INC.; Fun Factories of Ohio, Inc., Plaintiffs-Appellees, v. TAITO CORPORATION; Taito American Corporation, Defendants-Appellants, and American Amusement Machine Association, Defendant, Recording Industry Association of America, Inc.; Amusement & Music Operators Association, Inc.; American Amusement Machine Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1989.

As Modified on Denial of Rehearing and Rehearing September 5, 1989.

Attorney(s) appearing for the Case

Jack Charles Berenzweig (Jerome Gilson, William, Brinks, Olds, Hofer, Gilson & Lione, Ltd., Chicago, Ill., Jeffery M. Cross, Deborah S. Pardini, Ross & Hardies, Chicago, Ill., Joseph M. Killeen, Rogers & Killeen, Alexandria, Va., on brief), for defendants-appellants.

Richard Harvey Stern, Washington, D.C., for plaintiffs-appellees.

Stanley Rothenberg, Moses & Singer, New York City, on brief, for amicus curiae, Recording Industry Ass'n of America, Inc.

Donald M. Barnes, Salvatore A. Romano, Doris E. Long, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., on brief, for amicus curiae, American Amusement Machine Ass'n.

Elroy H. Wolff, Gary I. Resnick, Sidley & Austin, Washington, D.C., on brief, for amicus curiae, Amusement & Music Operators Ass'n, Inc.

Before WINTER, PHILLIPS and CHAPMAN, Circuit Judges.

As Modified on Denial of Rehearing and Rehearing In Banc September 5, 1989.

HARRISON L. WINTER, Circuit Judge:

As part of more extensive federal and state antitrust litigation which is not before us, Red Baron — Franklin Park, Inc. and Fun Factories of Ohio, Inc. (collectively "Red Baron"), as plaintiffs, and Taito Corporation and Taito America Corporation (sometimes collectively "Taito" and sometimes "Taito America"), as defendants, by petition for...

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