United States First Circuit

In plaintiff's suit against an airport commission and individual defendants, claiming that it was prevented from competing with defendant in the sale of jet fuel, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) plaintiff's fraud claim fails as plaintiff was a commercial tenant of the airport and, given the self-service standards and lease terms, had no right and no reasonable expectation of being able to sell jet fuel at the airport; 2) the antitrust claim is barred by the state action doctrine given the Massachusetts statute; and 3) plaintiff's equal protection claim under section 1983 fails as no private entity at the airport has the privilege sought by plaintiff.

Appellate Information

• Decided 06/23/2010
• Published 06/23/2010

Judges

• BOUDIN, Circuit Judge.1, Before Lynch, Chief Judge, Boudin and Lipez, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Marc E. Kasowitz with whom Kasowitz, Benson, Torres & Friedman LLP was on brief for appellant.


• For Appellees:
  
• Scott P. Lewis with whom Kevin D. Batt, Melissa C. Allison and Anderson & Kreiger LLP were on brief for appellees.