(DOWNLOAD) "Princeton Community Phone Book v. Frank L. Bate" by Third Circuit United States Court Of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Princeton Community Phone Book v. Frank L. Bate
- Author : Third Circuit United States Court Of Appeals
- Release Date : January 23, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
This appeal raises a number of issues concerning Opinion 290 of the Advisory Committee on Professional Ethics of the New Jersey Supreme Court, prohibiting members of the New Jersey Bar from paying the Princeton Community Phone Book, Inc. to list their names, addresses and telephone numbers in the classified section of its publication. Plaintiffs sued claiming that, by adoption of Opinion 290, the defendants injured them by (a) depriving them of their constitutional rights, in violation of 42 U.S.C. ? 1983, and (b) by restraining competition among publishers of telephone books, in violation of ? 1 of the Sherman Act (15 U.S.C. ? 1). In ruling on the parties motions for summary judgment, the district court held that plaintiffs claim for injunctive and declaratory relief under ? 1983 was moot, that defendants were absolutely immune to a damage action under ? 1983, and that the nexus between defendants conduct and interstate commerce was insufficient to establish jurisdiction under the Sherman Act. We reverse in part and affirm in part. Specifically, we hold that the claim for injunctive and declaratory relief is not moot, that Opinion 290 is unconstitutional, that the defendants are immune from a ? 1983 damage action under the qualified immunity standard, and that the Sherman Act claim is barred by the Parker v. Brown state action exemption.
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