UNITED STATES v. WARNER BROS. PICTURES

No. 11516.

13 F.Supp. 614 (1936)

UNITED STATES v. WARNER BROS. PICTURES, Inc., et al.

District Court, E. D. Missouri, E. D.

January 7, 1936.


Attorney(s) appearing for the Case

Russell Hardy, Walter L. Rice, Harold L. Schilz, William R. Benham, and John F. Clagett, Sp. Assts. to Atty. Gen., and John Herberg, Sp. Atty., of Washington, D. C., for the United States.

James A. Reed, of Kansas City, Mo., Frederick H. Wood, of New York City, Sam B. Jeffries, Arthur E. Simpson, and Paul F. Plummer, all of St. Louis, Mo., and Robert W. Perkins and I. Levinson, both of New York City, for Warner group of defendants.

George S. Leisure, of New York City, Jacob M. Lashly and Russell H. Doerner, both of St. Louis, Mo., J. Howley, of New York City, and Ralstone R. Irvine, of Washington, D. C., for defendant RKO.

Samuel W. Fordyce and William R. Gentry, both of St. Louis, Mo., and Louis Phillips and Austin C. Keough, both of New York City, for defendant Paramount.


MOLYNEAUX, District Judge (after stating the facts as above).

It is not disputed by the government, and it cannot be disputed, that the doctrine of res judicata has application wherever: (1) The two actions or proceedings are between the same parties or their privies; (2) the same questions of fact or of law have been previously presented for the decision of a court having jurisdiction of the subject-matter; (3) the issues...

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