TIVOLI REALTY v. PARAMOUNT PICTURES

Civ. A. 1077, 1109.

103 F.Supp. 174 (1951)

TIVOLI REALTY, Inc. v. PARAMOUNT PICTURES, Inc. et al. ADELMAN v. PARAMOUNT PICTURES, Inc. et al.

United States District Court D. Delaware.

December 28, 1951.


Attorney(s) appearing for the Case

John Van Brunt, Jr. (of Killoran & Van Brunt), of Wilmington, Del., William L. McGovern (of Arnold, Fortas & Porter), of Washington, D. C., and Irving L. Goldberg (of Thompson, Meek & Goldberg), of Dallas, Tex., for plaintiffs, Tivoli Realty, Inc., et al.

Caleb S. Layton (of Richards, Layton & Finger), of Wilmington, Del., George S. Wright and Jos. Irion Worsham, of Dallas, Tex., and Robert E. Sher, of Washington, D. C., for defendants, Interstate Circuit, Inc., et al.

Caleb S. Layton (of Richards, Layton & Finger), of Wilmington, Del., and Roy W. McDonald (of Donovan, Leisure, Newton, Lumbard & Irvine), of New York City, for defendants, Paramount Pictures, Inc., et al.

Ayres J. Stockly (of Hastings, Stockly, Walz & Wise), of Wilmington, Del., and Roy W. McDonald, of New York City, for defendants, Twentieth Century-Fox Film Corp. et al.

Hugh M. Morris and S. Samuel Arsht (of Morris, Steel, Nichols & Arsht), of Wilmington, Del., and Roy W. McDonald, of New York City, for defendants, Universal Pictures Company, Inc., et al.

Richard F. Corroon (of Southerland, Berl & Potter), of Wilmington, Del., and Roy W. McDonald, of New York City, for defendants, Loew's Inc., Radio-Keith-Orpheum Corp. et al.


RODNEY, District Judge.

This is a motion of the defendants to transfer the above two cases to the appropriate District of Texas. The Tivoli Action No. 1077 was instituted in this court November 6, 1947, and the Adelman Action No. 1109 on March 29, 1948, both before the adoption on June 25, 1948, of the transfer section known as 28 U.S.C. § 1404(a), under which section the present motion is made.

Prior to the adoption of 28 U.S.C. Sec. 1404(a) the District...

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