PATRIOT CINEMAS, INC. v. GENERAL CINEMA CORP.

No. 87-1105.

834 F.2d 208 (1987)

PATRIOT CINEMAS, INC., Plaintiff, Appellant, v. GENERAL CINEMA CORP., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 24, 1987.


Attorney(s) appearing for the Case

James M. Hughes, with whom Devin & Drohan, P.C., was on brief for plaintiff, appellant.

Dorothy Anderson, Asst. Atty. Gen., Antitrust Div., with whom James M. Shannon, Atty. Gen., Com. of Massachusetts; Stephen E. Merrill, Atty. Gen., Amy L. Ignatius, Sr. Asst. Atty. Gen., Consumer Protection and Antitrust Bureau, State of New Hampshire; James E. O'Neil, Atty. Gen., State of Rhode Island; James E. Tierney, Atty. Gen., and Stephen L. Wessler, Asst. Atty. Gen., Chief, Consumer and Antitrust Div., State of Maine, were on brief for the Com. of Massachusetts, State of New Hampshire, State of Rhode Island, and the State of Maine, amici curiae.

Shepard M. Remis, with whom Mark W. Pearlstein and Goodwin, Procter & Hoar, were on brief for defendants appellees Warner Brothers Distributing Corp., Columbia Pictures Industries, Inc., Paramount Pictures Corp., Twentieth Century Fox Corp., Universal Film Exchanges, Inc., MGM/UA Communications Co., Orion Pictures Corp., and Tri-Star Pictures, Inc.

Michael L. Weiner, with whom Richard G. Reid, Thomas J. Dougherty, Lori Weiner Lander and Skadden, Arps, Slate, Meagher & Flom, were on brief for defendant, appellee Gen. Cinema Corp.

Before CAMPBELL, Chief Judge, TORRUELLA and NOONAN, Circuit Judges.


LEVIN H. CAMPBELL, Chief Judge.

This is an appeal from the district court's dismissal without prejudice of an action that was removed from the Massachusetts Superior Court to the United States District Court for the District of Massachusetts.

Plaintiff Patriot Cinemas ("Patriot") owns and operates a chain of seven movie theaters, all within Massachusetts. The defendants are General Cinemas — one of the largest movie theater chains in the United States...

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