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WARNER BROS. PICTURES v. GITTONE

No. 7258.

110 F.2d 292 (1940)

WARNER BROS. PICTURES, Inc., et al. v. GITTONE, Mayor, et al.

Circuit Court of Appeals, Third Circuit.

February 9, 1940.

Attorney(s) appearing for the Case

Wm. A. Schnader and Howard S. McMorris, both of Philadelphia, Pa. (Schnader & Lewis, of Philadelphia, Pa., of counsel), for appellants Paramount Pictures, Inc., and others.

D. Benjamin Kresch and Morris Wolf, both of Philadelphia, Pa. (Wolf, Block, Schorr & Solis-Cohen, of Philadelphia, Pa., of counsel), for appellants Warner Bros. Pictures, Inc., and others.

Benjamin M. Golder, of Philadelphia, Pa., for appellant Vitagraph, Inc.

William B. Rudenko and Harry Shapiro, both of Philadelphia, Pa., for appellees.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

PER CURIAM.

This is an appeal by the defendants from a decree of the District Court for the Eastern District of Pennsylvania granting a preliminary injunction. The suit was brought under Section 16 of the Clayton Act, 15 U.S.C.A. § 26. The principal litigants are engaged in various phases of the moving picture industry. The decree appealed from was entered by the District Court upon a record consisting primarily of affidavits filed by the parties. The only oral...

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