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Written by Court Ruling   
Sunday, 21 June 1998 12:00

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT



v.



Appeal from the United States District Court

for the Northern District of Oklahoma

(D.C. No. 93-CV-576-E)


James W. Tilly (Craig A. Fitzgerald with him on the briefs), Tilly & Associates, Tulsa, Oklahoma, for Plaintiff - Appellant.

3.As a result, the majority is wrong to imply that PRE contradicts the earlier circuit cases requiring threats of litigation to be in good faith in order to receive Noerr-Pennington immunity. While PRE may limit those cases to the extent that they also require actual litigation to be brought in good faith without first inquiring into objective baselessness, PRE does not touch upon the subjective test for whether threats of litigation should receive petitioning immunity.
 
 
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