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BORDONARO BROS. THEATRES v. PARAMOUNT PICTURES

No. 227, Docket 21160.

176 F.2d 594 (1949)

BORDONARO BROS. THEATRES, Inc., v. PARAMOUNT PICTURES, Inc., et al.

United States Court of Appeals Second Circuit.

Decided August 9, 1949.

Attorney(s) appearing for the Case

Frank G. Raichle, of Buffalo, N. Y. (Raichle, Tucker & Moore and James O. Moore, Jr., all of Buffalo, N. Y., on the brief), for Paramount Pictures, Inc., and Warner Bros. Circuit Management Corporation, defendants-appellants.

F. T. Anderson, of Philadelphia, Pa. (Gray, Anderson, Schaffer & Rome, of Philadelphia, Pa., and Skadden, Arps, Slate & Lyon, of New York City, on the brief), for Bordonaro Bros. Theatres, Inc., plaintiff-appellee.

Sidney B. Pfeifer, of Buffalo, N. Y., for RKO Radio Pictures, Inc., defendant-appellee.

Before CHASE, CLARK, and DOBIE, Circuit Judges.

CLARK, Circuit Judge.

This is a treble-damage action under the antitrust laws, 15 U.S.C.A. §§ 1, 2, 15, by an independent motion picture exhibitor brought originally against thirteen defendants, including major companies engaged, with their subsidiaries and affiliates, in one or more of the various phases of the production, distribution, and exhibition of motion pictures. It comes in the wake of the recent decision of the United States Supreme Court upholding...

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