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HILLSIDE AMUSEMENT CO. v. WARNER BROS. PICTURES, ETC.

No. 264, Docket 23111.

224 F.2d 629 (1955)

HILLSIDE AMUSEMENT COMPANY, Plaintiff-Appellant, v. WARNER BROS. PICTURES DISTRIBUTING CORPORATION et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 29, 1955.

Attorney(s) appearing for the Case

John Harlan Amen and James L. Garrity, New York City (Arthur L. Abrams and Arthur C. Fink, New York City, on the brief), for plaintiff-appellant.

Louis Nizer, New York City (Phillips, Nizer, Benjamin & Krim, Dwight, Royall, Harris, Koegel & Caskey, John F. Caskey, Walter S. Beck, Lawrence R. Eno, and E. Compton Timberlake, New York City, on the brief), for defendants-appellees.

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

PER CURIAM.

Plaintiff's action, predicated on the Sherman, Clayton, and Robinson-Patman Acts, 15 U.S.C. §§ 1, 2, 15, and 13, sought recovery for alleged discrimination in the defendants' licensing of motion pictures to it. At the conclusion of the presentation of the plaintiff's evidence, Judge Sugarman granted a motion under F.R.C.P., rule 41(b), to dismiss the case on the merits. In detailed findings of fact and conclusions of law, he decided that plaintiff...

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