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GARY THEATRE CO. v. COLUMBIA PICTURES CORPORATION

No. 7468.

120 F.2d 891 (1941)

GARY THEATRE CO. v. COLUMBIA PICTURES CORPORATION et al.

Circuit Court of Appeals, Seventh Circuit.

June 11, 1941.

Attorney(s) appearing for the Case

A. W. Gavit, of Gary, Ind., and Sigmund David, of Chicago, Ill., for appellant.

Vincent O'Brien, Frederic Burnham, Herbert M. Lautman, David Levinson, and Samuel R. Rosenthal, all of Chicago, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff sued to enjoin defendants' practice in distributing motion picture films, charging violation of the Anti-Trust Act, 15 U.S.C.A. §§ 1-7, 15 note. Upon trial, after plaintiff had rested, the court, sustaining defendants' motion, entered judgment dismissing the complaint for want of equity. Plaintiff appeals, asserting that the only question properly before us is whether plaintiff made a prima facie case. Defendants insist...

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