United States, supra, 345 U. See 345 U. This is a legal question which we may determine on the basis of the record before us. See infra sec.
Cowan Pub. Facebook VK. Under section 203 b 2 A of the Act, section 204 a transition property with a useful life of 20 years or more may be placed in service before January 1, 1991, and still qualify for the section 204 a transition rules. What would seem to be the heart of plaintiff's case is the assertion that as the defendants' two newspapers were the only newspapers in Syracuse, and, therefore, had monopoly power, the imposition of the unit or combination advertising arrangement was illegal per se under the reasoning of Times-Picayune Pub.
The maximum credit was 10 percent of the cost of qualifying property with a useful life of 7 years or more. The committee bill provides for equitable transition rules in such cases, which are estimated to cover more than 50 percent of the new personal property to be placed in service in the first year the bill is effective.
We determined that neither the franchise agreements nor any other pre-1986 contracts specifically required the rebuilds or the line extensions. Bernard J.
But ordinarily morning and evening newspapers are not separate products which can be viewed as tied to one another. Commissioner, [Dec. Plaintiff's theory is that its radio station competes in the Syracuse area for the same advertising dollar as do defendants' radio station and newspapers, along with the other three radio stations.
If, for example, any of such items exceeded the performance capabilities called for by the franchise agreement, they would not have been placed in service pursuant to a specific contractual commitment. The record discloses undisputed evidence of the total radio-newspaper coverage, two newspapers and five radio stations in Syracuse, and defendants' share of the total advertising revenue is too low to warrant any inference of monopolization by defendants or any attempt to monopolize.
But this reasoning does not dispose of plaintiff's claim that defendants have conspired to violate the prohibition against unreasonable restraints of trade by the newspapers' unit advertising arrangement and the alleged concert of action by defendants in circulating false rumors about plaintiff, refusing to publish any praiseworthy items about WNDR, and giving discriminatory advantages to WSYR, all for the alleged purpose of putting plaintiff out of business and removing it from the scene as a competitor.
Kyle, Sr. We think this disposition erroneous: We do not, however, preclude plaintiff from applying for leave to amend the complaint in this respect, before the trial which we are about to order.
The committee report explains that the specifications and the amount of the property must be readily ascertainable from the terms of the contract or from related documents. By his affidavit, Mr. The district judge granted summary judgment for the defendants on one of plaintiff's claims and dismissed the others for failure to state a claim upon which the plaintiff was entitled to relief; and plaintiff appeals.
Section 49 a , made the investment credit inapplicable to property placed in service after December 31, 1985.