Levine v. McLeskey

Affirmed in part, vacated in part, and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge ERVIN and Judge WILKINS concurred.

OPINION

WIDENER, Circuit Judge:

Plaintiffs Gale M. Levine (Levine) and Marina Shores, Ltd. (Marina Shores or the marina) appeal the grant of summary judgment in favor of defendant F. Wayne McLeskey (McLeskey) on all counts of a 15-eount complaint alleging federal antitrust and various state law claims. We agree with the district court that the litigation which plaintiffs allege was objectively baseless was not sham, but hold that the court erred…