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COMBINED BRONX AMUSEMENTS v. WARNER BROS. PICTURES

132 F.Supp. 921 (1955)

COMBINED BRONX AMUSEMENTS, Inc. v. WARNER BROS. PICTURES, Inc.

United States District Court S. D. New York.

March 21, 1955.

Attorney(s) appearing for the Case

Gorfinkel & Adler, Yonkins, N. Y., for plaintiffs.

Louis Phillips, New York City, for Paramount.

Schwartz & Frohlich, New York City, for Columbia.

Dwight, Royall, Harris, Koegel & Caskey, New York City, for 20th Century.

Phillips, Nizer, Benjamin & Krim, New York City, for United Artists.

R. W. Perkins, New York City, for Warner Bros.

O'Brien, Driscoll & Raftery, New York City, for RKO Keith Orpheum.

J. Miller Walker, New York City, for RKO Radio Pictures.

Benjamin Meliniker, New York City, for Loews, Inc.

RYAN, District Judge.

Defendants move under Rule 56, Fed. Rules Civ.Proc., for partial summary judgment dismissing the claims of plaintiff Combined Bronx which accrued prior to June 16, 1949, the effective date specified in certain mutual releases made between Combined Bronx and certain of the defendants on October 6, 1949.

Execution and delivery of the releases is not in dispute. By the terms of the instruments each of the parties did "mutually discharge...

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