WESTWAY THEATRE v. TWENTIETH CENTURY-FOX F. CORP.

No. 276.

30 F.Supp. 830 (1940)

WESTWAY THEATRE, Inc., v. TWENTIETH CENTURY-FOX FILM CORPORATION et al.

District Court, D. Maryland.

January 3, 1940.


Attorney(s) appearing for the Case

Edgar Allan Poe, Sr., Edgar Allan Poe, Jr., and Bartlett, Poe & Claggett, all of Baltimore, Md., for plaintiff.

James Piper, R. Dorsey Watkins, J. Martin McDonough, and Piper, Watkins & Avirett, all of Baltimore, Md., and John Fletcher Caskey and Edward C. Raftery, both of New York City, for the distributor defendants.

Charles G. Page and J. Calvin Carney, both of Baltimore, Md., for Lyndhurst Corporation and individual defendants.


CHESNUT, District Judge.

This case arises out of the general business practice in the motion picture industry known as "clearance and run". In licensing the exhibition of motion pictures the owners of the copyrighted film customarily state a particular time for which the exhibition of the film is permitted, and the written license agreement generally provides in effect that during that time, and for a certain limited period thereafter, the exhibition of the film will...

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