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J. J. THEATRES v. TWENTIETH CENTURY-FOX FILM CORP.

No. 95, Docket 22841.

212 F.2d 840 (1954)

J. J. THEATRES, Inc. et al. v. TWENTIETH CENTURY-FOX FILM CORP. et al.

United States Court of Appeals, Second Circuit.

Decided May 12, 1954.

Attorney(s) appearing for the Case

Monroe E. Stein, New York City, for plaintiffs-appellants (Hess, Mela, Segall, Popkin & Guterman, by Lionel S. Popkin and Robert L. Pelz, New York City of counsel).

Dwight, Royall, Harris, Koegel & Caskey, New York City, for defendants-appellees Twentieth Century-Fox Film Corp. and Spyros P. Skouras (Frederick W. R. Pride, Charles F. Young and Barbara A. Scott, New York City, of counsel).

Sherpick, Gilbert, Regan & Davis, New York City, for defendants-appellees Skouras Theatres Corp. and George Skouras (Eugene A. Sherpick, Richard T. Davis and William C. Woodson, New York City, of counsel).

Before CHASE, Chief Judge, CLARK, Circuit Judge, and GIBSON, District Judge.

CHASE, Chief Judge.

The appellants, who are the operators of the Luxor Theatre, a motion picture theatre at 208 East 170th Street in the Bronx, in the Southern District of New York, alleged in their complaint, as amended, a conspiracy by the appellees in violation of the anti-trust statutes, §§ 1, 2, 15 and 26 of Title 15 U.S.C.A., to deprive the appellants of "first-run" pictures for exhibition in their theatre and to restrict them to subsequent runs following...

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