KOGOD v. STANLEY CO. OF AMERICA

Nos. 10398-10400.

186 F.2d 763 (1950)

KOGOD et al. v. STANLEY CO. OF AMERICA et al. KASS REALTY CO., Inc. v. KOGOD et al. STANLEY CO. OF AMERICA v. KOGOD et al.

United States Court of Appeals District of Columbia Circuit.

Decided December 21, 1950.


Attorney(s) appearing for the Case

Mr. Robert E. Sher, Washington, D. C., with whom Messrs. Monroe Oppenheimer and William P. Bernton, Washington, D. C., were on the brief, for appellants and cross-appellees Fred S. Kogod and Max Burka, individually and as copartners doing business as K-B Amusement Co.

Mr. Louis Ottenberg, Washington, D. C., with whom Mr. H. Max Ammerman, Washington, D.C., was on the brief, for appellee and cross-appellant Kass Realty Co., Inc.

Mr. Philip W. Amram, Washington, D. C., with whom Mr. James M. Carlisle, Washington, D.C., was on the brief, for appellee and cross-appellant Stanley Co. of America.

Before EDGERTON, PRETTYMAN and PROCTOR, Circuit Judges.


EDGERTON, Circuit Judge.

In 1945 Kogod and Burka (K-B), theater owners bought a site on MacArthur Boulevard in the District of Columbia and announced they would build a theater there. About the same time Stanley Company (Stanley), a wholly-owned subsidiary of Warner Brothers, made a contract with Kass Realty Company (Kass) by which Kass agreed to build a theater on MacArthur Boulevard and lease it to Stanley. The Stanley site was about three blocks from the K-B site...

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