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PROFESSIONAL REAL ESTATE INVESTORS, INC. v. COLUMBIA PICTURES INDUSTRIES, INC.

No. 91-1043.

508 U.S. 49 (1993)

113 S.Ct. 1920

123 L.Ed.2d 611

PROFESSIONAL REAL ESTATE INVESTORS, INC., ET AL. v. COLUMBIA PICTURES INDUSTRIES, INC., ET AL.

Supreme Court of United States.

Decided May 3, 1993.

Attorney(s) appearing for the Case

Patrick J. Coyne argued the cause for petitioners. With him on the briefs was James R. Loftis III.

Andrew J. Pincus argued the cause for respondents. With him on the brief were Richard J. Favretto, Roy T. Englert, Jr., and Stephen A. Kroft.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Blackmun, Scalia, Kennedy, and Souter, JJ., joined. Souter, J., filed a concurring opinion, p. 66. Stevens, J., filed an opinion concurring in the judgment, in which O'Connor, J.,joined, p. 67.

Justice Thomas, delivered the opinion of the Court.

This case requires us to define the "sham" exception to the doctrine of antitrust immunity first identified in Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), as that doctrine applies in the litigation context. Under the sham exception, activity "ostensibly directed toward influencing governmental action" does not qualify for...

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