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CONSOLIDATED THEATRES v. WARNER BROS. CIR. MAN. CORP.

No. 235, Docket 22924.

216 F.2d 920 (1954)

CONSOLIDATED THEATRES, Inc., and Philip Loew, Plaintiffs, v. WARNER BROS. CIRCUIT MANAGEMENT CORPORATION, Warner Bros. Pictures, Inc., Universal Pictures Company, Inc., United Paramount Theatres, Inc., United Artists Corporation, Twentieth Century-Fox Film Corporation, RKO Radio Pictures, Inc., Radio-Keith-Orpheum Corporation, Paramount Pictures, Inc., Paramount Pictures Corporation, and Loew's Incorporated, et al., Appellees-Defendants-Petitioners. In re Proceedings to Disqualify Robert E. NICKERSON, and the Firm of Gold & Nickerson, from Acting as Attorneys for the Plaintiffs in the Above-Captioned Case.

United States Court of Appeals Second Circuit.

Decided September 28, 1954.

Motion to Recall and Amend Mandate November 19, 1954.

Attorney(s) appearing for the Case

E. Compton Timberlake, John F. Caskey, William F. Koegel, Dwight, Royall, Harris, Koegel & Caskey, New York City, for appellees-defendants-petitioners.

Robert E. Nickerson, Greenwich, Conn., appearing pro se, as appellant-respondent.

Before CHASE, Chief Judge, and FRANK and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

This appeal arises from a proceeding to disqualify Robert E. Nickerson and the law firm of Robert E. Nickerson and William Gold from acting as attorneys in a private motion picture anti-trust suit. The facts of the case are as follows: Philip Loew and Consolidated Theatres, Inc., retained the law firm of Nickerson and Gold to institute an antitrust action against a large number of motion picture producers. Messrs. Nickerson and Gold drafted...

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