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ALDEN-ROCHELLE, INC. v. AMERICAN SOC. OF C., A. AND P.

80 F.Supp. 888 (1948)

ALDEN-ROCHELLE, Inc., et al. v. AMERICAN SOC. OF COMPOSERS, AUTHORS AND PUBLISHERS et al.

United States District Court S. D. New York.

July 19, 1948.

Attorney(s) appearing for the Case

Weisman, Celler, Quinn, Allen & Spett, Milton Weisman, and Adolph Kaufman, all of New York City, for plaintiffs.

Gilbert & Gilbert, Francis Gilbert and Godfrey Cohen, all of New York City, for defendant Gustave Schirmer.

Schwartz & Frohlich and Louis Frohlich, all of New York City, for defendant ASCAP.

Bogle, Bogle & Gates, of Seattle, Wash., for Pacific Coast Conference of Independent Theatre Owners, amicus curiae.

LEIBELL, District Judge.

Two claims are asserted in this suit by each of the 164 plaintiffs who operate 200 motion picture theatres. Both claims are based on violations of the Federal anti-trust laws by the American Society of Composers, Authors and Publishers (Ascap) and its members and officers. The first claim is a private right of action for treble damages, which is specifically conferred by statute [Title 15 U.S.C.A. § 15] on any one who has been injured...

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