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KANE v. ROXY THEATRES CORPORATION

No. 382.

65 F.2d 324 (1933)

KANE v. ROXY THEATRES CORPORATION. CONTINENTAL BANK & TRUST CO. OF NEW YORK v. ROXY THEATRES CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

May 15, 1933.

Attorney(s) appearing for the Case

Proskauer, Rose & Paskus, of New York City (Alfred L. Rose and Alfred Appel, both of New York City, of counsel), for appellant.

Cravath, De Gersdorff, Swaine & Wood, of New York City (Frederick H. Wood, Bruce Bromley, and Stuart N. Updike, all of New York City, of counsel), for Irving Trust Co., as receiver of appellee Radio-Keith-Orpheum Corporation.

Joseph A. Schaines, of New York City, for appellee Samuel L. Rothafel.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

The order appealed from in this consolidated cause denied the receiver's application for an injunction restraining the Radio-Keith-Orpheum Corporation (hereafter referred to as R. K. O.) from using the name "Roxy," but granted a petition, filed by R. K. O., which sought relief against the receiver for the Roxy Theatres Corporation to the extent of permanently enjoining and restraining the corporation and its receiver from using the name "Roxy...

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