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AUSTIN THEATRE v. WARNER BROS. PICTURES

139 F.Supp. 727 (1955)

AUSTIN THEATRE, Inc., Plaintiff, v. WARNER BROS. PICTURES, Inc. (in dissolution), Comerford Theatres, Inc., Comerford Publix Theatres Corp., et al., Defendants.

United States District Court S. D. New York.

December 30, 1955.

Attorney(s) appearing for the Case

Arnold Malkan, New York City, for plaintiff.

Kaye, Scholer, Fierman & Hays, New York City, for defendants Comerford Theatres, Inc. and Comerford Publix Theatres Corp. Milton Handler, Stanley D. Robinson, and Burton H. Brody, New York City, of counsel.

HERLANDS, District Judge.

This is a motion for summary judgment. The movants, Comerford Theatres, Inc. and Comerford Publix Theatres Corp., are two of fifty-eight defendants sued by plaintiff, an independent owner and operator of the Austin Theatre in the Borough of Queens, New York City, in an action for injunctive relief and damages brought under the antitrust law, 15 U.S.C.A. § 1 et seq.

Plaintiff has operated the Austin, a "neighborhood" theatre in...

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