Court of Appeals for the Third Circuit May 11, 1995, 94-1812 (Advo, Inc. v. Philadelphia Newspapers, Inc., D/B/A Philadelphia Inquirer Philadelphia Daily News)

STAPLETON, Circuit Judge,

concurring:

I agree with the court’s conclusion regarding one of the case dispositive issues presented in this appeal. Advo failed to establish a genuine issue of material fact as to whether there was a dangerous probability that PNI would recoup its alleged investment in predation.