UNITED STATES v. PARAMOUNT PICTURES

No. 79.

334 U.S. 131 (1948)

UNITED STATES v. PARAMOUNT PICTURES, INC. ET AL.

Supreme Court of United States.

Decided May 3, 1948.


Attorney(s) appearing for the Case

Attorney General Clark and Assistant Attorney General Sonnett argued the cause for the United States in No. 79, and Robert L. Wright for the United States in Nos. 80-86. Solicitor General Perlman, Mr. Sonnett, Mr. Wright, Kenneth L. Kimble, Stanley M. Silverberg and Philip Marcus were on the briefs.

John W. Davis argued the cause for Loew's Incorporated, appellant in No. 80. With him on the brief were J. Robert Rubin, S. Hazard Gillespie, Jr. and Benjamin Melniker.

William J. Donovan argued the cause for the Radio-Keith-Orpheum Corp. et al., appellants in No. 80. With him on the brief were George S. Leisure, Ralstone R. Irvine, Gordon E. Youngman and Roy W. McDonald.

Joseph M. Proskauer argued the cause for Warner Bros. Pictures, Inc. et al., appellants in No. 80. With him on the brief were Robert W. Perkins and Harold Berkowitz.

James F. Byrnes argued the cause for the Twentieth Century-Fox Film Corp. et al., appellants in No. 80. With him on the brief were Otto E. Koegel, John F. Caskey and Frederick W.R. Pride.

Whitney North Seymour argued the cause for Paramount Pictures, Inc. et al., appellants in No. 81. With him on the brief were Louis Phillips and Albert C. Bickford.

Louis D. Frohlich argued the cause for Columbia Pictures Corp. et al., appellants in No. 82. With him on the brief was Arthur H. Schwartz.

George A. Raftery argued the cause for the United Artists Corp., appellant in No. 83. With him on the brief were Edward C. Raftery and Arthur F. Driscoll. T. Newman Lawler was also of counsel.

Thomas Turner Cooke argued the cause for Universal Pictures Co., Inc. et al., appellants in No. 84. With him on the brief were Adolph Schimel and Frank W. Ford.

Thurman Arnold argued the cause for the American Theatres Association, Inc. et al., appellants in No. 85. With him on the brief were Paul Williams and Milton W. Freeman.

John G. Jackson and Robert T. Barton, Jr. argued the cause for Allred et al., appellants in No. 86. With them on the brief was George B. Brooks.

Briefs of amici curiae supporting the United States in No. 79 were filed by Abram F. Myers for the Conference of Independent Exhibitors' Associations; Morris L. Ernst, Loyd Wright and James M. Barnes for the Society of Independent Motion Picture Producers; Herman M. Levy for independent members of the Motion Picture Theatre Owners of America; and Harold J. Sherman, Wendell Berge, James Lawrence Fly and C. Dickerman Williams for the American Civil Liberties Union.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

These cases are here on appeal1 from a judgment of a three-judge District Court2 holding that the defendants had violated § 1 and § 2 of the Sherman Act, 26 Stat. 209, as amended. 50 Stat. 693, 15 U.S.C. §§ 1, 2, and granting an injunction and other relief. 66 F.Supp. 323...

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