DIPSON THEATRES v. BUFFALO THEATRES

Civ. A. No. 3058.

86 F.Supp. 716 (1949)

DIPSON THEATRES, Inc. v. BUFFALO THEATRES, Inc., et al.

United States District Court W. D. New York.

September 27, 1949.


Attorney(s) appearing for the Case

Borins & Hoffman of Buffalo, N. Y. (Louis Borins and Dwight Campbell, Jr. of Buffalo, N. Y., of counsel), for plaintiff.

Raichle, Tucker & Moore, Buffalo, N. Y. (Frank G. Raichle, James O. Moore, Jr. of Buffalo, N. Y., and C. Stanley Thompson, of New York City, of counsel), for defendants Buffalo Theatres, Inc., Bison Theatres Corp., Loew's, Inc. and Paramount Pictures, Inc.

O'Brien, Driscoll, Raftery & Lawler, of New York City (Edward C. Raftery and George A. Raftery, of New York City, of counsel), for defendants Universal Film Exchanges, Inc., United Artists Corp. and Warner Bros. Picture Distributing Corp. (formerly called Vitagraph, Inc.

Sidney B. Pfeifer, of Buffalo, N. Y. and Dwight, Harris, Koegel, & Caskey of New York City (John F. Caskey, of New York City, of counsel), for defendant Twentieth Century-Fox Film Corp.

Sidney B. Pfeifer, of Buffalo, N. Y., and Harry M. Pimstein, of New York City, for defendant RKO Radio Pictures, Inc.

Schwartz & Frolich, of New York City (Louis D. Frolich, Everett A. Frolich and Max Rose, of New York City, of counsel), for defendant Columbia Pictures Corp.

Brown, Kelly, Turner & Symons of Buffalo, N. Y. (V. Edmund Kelly and John E. Leach, of Buffalo, N. Y., of counsel), for defendant Vincent R. McFaul.


KNIGHT, Chief Judge.

Plaintiff, in its amended complaint, sued 11 defendants, demanding $5,125,472 triple damages plus reasonable attorneys' fees for alleged violations of 15 U.S.C.A. §§ 1-7, 15 note (Sherman Act) and 15 U.S.C.A. §§ 12-27 (Clayton Act). Plaintiff alleged three causes of action. By order of this court, dated November 1, 1948, they were all dismissed as to defendant Columbia Pictures Corp. and the third cause of action was dismissed...

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