SUBSCRIPTION T. V. v. SOUTHERN CAL. THEATRE OWNERS

Nos. 75-2059 and 75-1961.

576 F.2d 230 (1978)

SUBSCRIPTION TELEVISION, INC., a corporation, Subscription Television of California, Inc., a corporation, Tolvision of America, Inc., a corporation, Plaintiffs-Appellants, v. SOUTHERN CALIFORNIA THEATRE OWNERS ASSOCIATION, a corporation, Northern California Theatre Owners, Inc., a corporation, Theatre Owners of America, a corporation, Allied States National Exhibitors Organizations, California Crusade for Free TV, a corporation, Amusement Corporation of America, a corporation, United California Theatres, Inc., a corporation, United Artists Theatre Circuit, Inc., a corporation, Pacific Drive-In Theatres Corp., a corporation, Fox West Coast Theatres Corporation, a corporation, American Broadcasting-Paramount Theatres, Inc., a corporation, National General Corporation, a corporation, Sero Amusement Company, a corporation, RKO Theatres, Inc., a corporation, Stanley Warner Corporation, a corporation, Stanley Warner Management Corporation, a corporation, Warner Theatres, Inc., a corporation, Roy C. Cooper, Arnold C. Childhouse, Graham Kisslingbury, Defendants-Appellees. SUBSCRIPTION TELEVISION, INC., a corporation, Subscription Television of California, Inc., a corporation, Tolvision of America, Inc., a corporation, Plaintiffs-Appellees, v. SOUTHERN CALIFORNIA THEATRE OWNERS ASSOCIATION, a corporation, Northern California Theatre Owners, Inc., a corporation, Theatre Owners of America, a corporation, Allied States National Exhibitors Organizations, California Crusade for Free TV, a corporation, Amusement Corporation of America, a corporation, United California Theatres, Inc., a corporation, United Artists Theatre Circuit, Inc., a corporation, Pacific Drive-In Theatres Corp., a corporation, Fox West Coast Theatres Corporation, a corporation, American Broadcasting-Paramount Theatres, Inc., a corporation, National General Corporation, a corporation, Sero Amusement Company, a corporation, RKO Theatres, Inc., a corporation, Stanley Warner Corporation, a corporation, Stanley Warner Management Corporation, a corporation, Warner Theatres, Inc., a corporation, Roy C. Cooper, Arnold C. Childhouse, Graham Kisslingbury, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 31, 1978.


Attorney(s) appearing for the Case

Latham & Watkins, Los Angeles, Cal., for plaintiffs-appellants.

Maxwell E. Greenberg, of Greenberg, Bernhard, Weiss & Karman, Los Angeles, Cal., Sheldon W. Presser, Beverly Hills, Cal., for defendants-appellees.

Before MERRILL and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.


MERRILL, Circuit Judge:

The question on appeal is whether the Noerr-Pennington doctrine1 exempts from the Sherman Act a conspiracy or combination to restrain trade by securing the enactment by the voters of California of an initiative measure later held to be unconstitutional. The district court held that it did and granted a directed verdict for the defendants. This appeal was taken.2 We affirm.

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