EAGLE LION FILMS v. LOEW'S INC.

No. 79, Docket 23183.

219 F.2d 196 (1955)

EAGLE LION FILMS, Inc., Eagle Lion Studios, Inc., PRC Productions, Inc., and Chesapeake Industries, Inc., Plaintiffs-Appellants, v. LOEW'S Inc., RKO Theatres, Inc., RKO Film Booking Corporation and RKO Radio Pictures, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 1, 1955.


Attorney(s) appearing for the Case

William L. McGovern, Washington, D. C. (Morris Gutt, New York City, and Robert L. Wright and Seymour Krieger, of Arnold, Fortas & Porter, Washington, D. C., on the brief), for plaintiffs-appellants.

Edward C. Raftery, of O'Brien, Driscoll & Raftery, New York City, for defendants-appellees RKO Theatres, Inc., and RKO Film Booking Corp.

S. Hazard Gillespie, Jr., of Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendant-appellee Loew's Inc.

Thomas K. Fisher, New York City (Roy W. McDonald, of Donovan, Leisure, Newton & Irvine, New York City, on the brief), for defendant-appellee RKO Radio Pictures, Inc.

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


CLARK, Chief Judge.

This appeal from defendants' judgments in a private anti-trust action concerns principally the proper interpretation and effect to be given a contractual release among three of the original parties which has been held a bar to the present suit. D.C.S.D.N.Y., 121 F.Supp. 128. Plaintiffs contest the ruling of the district court that all of the defendants below were automatically released as joint tort-feasors...

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