CINEMA 5, LTD. v. CINERAMA, INC.

No. 105, Docket 75-7185.

528 F.2d 1384 (1976)

CINEMA 5, LTD., Plaintiff-Appellant, v. CINERAMA, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 27, 1976.


Attorney(s) appearing for the Case

Donald J. Cohn, New York City (Webster, Sheffield, Fleischmann, Hitchcock & Brookfield, New York City, James V. Kearney, New York City, on the brief), for plaintiff-appellant.

Janet P. Kane, New York City (Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Simon Rose, David G. Richenthal, New York City, on the brief), for defendants-appellees.

Before MOORE, FEINBERG and VAN GRAAFEILAND, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

This appeal from an order granting defendants' motion to disqualify plaintiff's counsel presents a somewhat unusual set of facts. Counsel has been disqualified from further representation of plaintiff because a partner in this New York City law firm is also a partner in a Buffalo firm which is presently representing the defendant Cinerama, Inc. in other litigation of a somewhat similar nature. Although we agree with the district court...

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