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BROADWAY THEATRE INC. v. VITAGRAPH INC.

No. 8475.

92 F.2d 445 (1937)

BROADWAY THEATRE, Inc., v. VITAGRAPH, Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

October 28, 1937.

Attorney(s) appearing for the Case

Augustine Sams, of Atlanta, Ga., and Pat Whitaker, of Tampa, Fla., for appellant.

Robert S. Sams, Dan MacDougald, and Cam D. Dorsey, all of Atlanta, Ga., for appellees.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The bill was brought by Broadway Theatre, Inc., under the federal antitrust laws for injunctive relief against discriminatory conduct by the defendants, Vitagraph, Inc., and others, who are leading distributors in interstate commerce of moving picture films, alleged to be in consequence of a conspiracy with certain competing theater owners to force complainant out of business. This appeal is from the refusal of a preliminary injunction. The...

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