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CINEMA-TEX ENTERPRISES, INC. v. SANTIKOS THEATERS

No. 75-2505.

535 F.2d 932 (1976)

CINEMA-TEX ENTERPRISES, INC., Plaintiff-Appellant, Cross-Appellee, v. SANTIKOS THEATERS, INC., et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

July 23, 1976.

Attorney(s) appearing for the Case

James R. Warncke, Emmett J. Rahm, San Antonio, Tex., for plaintiff-appellant, cross-appellee.

Bernard Ladon, Gilbert L. Mathews, San Antonio, Tex., for defendants-appellees, cross-appellees.

John L. Hill, Atty. Gen. of Texas, Michael E. Stork, Austin, Tex., for State of Tex.

Before WISDOM and INGRAHAM, Circuit Judges, and GROOMS, District Judge.

GROOMS, District Judge:

This suit asserts a violation of the Sherman Act, Title 15 U.S.C. § 1 et seq., and seeks treble damages under Section 4 of the Clayton Act, 15 U.S.C. § 15. The claim is based on a "split" agreement whereby it was agreed between various exhibitors of motion picture films, including both appellee and appellants, that they would meet among themselves to discuss which of them would have the exclusive right to negotiate with the distributors...

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