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HARMAR DRIVE-IN THEATRE v. WARNER BROS. PICTURES

Nos. 38, 39, Dockets 24014, 24015.

239 F.2d 555 (1956)

HARMAR DRIVE-IN THEATRE, Inc., Plaintiff-Appellee, v. WARNER BROS. PICTURES, Inc. (In Dissolution), et al., Defendants, and Paramount Film Distributing Corporation, Paramount Pictures, Inc. (In Dissolution), Paramount Pictures Corporation, American Broadcasting-Paramount Theatres, Inc., Loew's Incorporated, Twentieth Century-Fox Film Corporation (Delaware), RKO Radio Pictures, Inc., RKO Pictures Corporation, United Artists Corporation, Universal Pictures Company, Inc., and Universal Film Exchange, Inc., Defendants-Appellants. COLONIAL DRIVE-IN THEATRE, Inc., Plaintiff-Appellee, v. WARNER BROS. PICTURES, Inc. (In Dissolution), et al., Defendants, and Paramount Film Distributing Corporation, Paramount Pictures, Inc. (In Dissolution), Paramount Pictures Corporation, American Broadcasting-Paramount Theatres, Inc., Loew's Incorporated, Twentieth Century-Fox Film Corporation (Delaware), RKO Radio Pictures, Inc., RKO Pictures Corporation, United Artists Corporation, Universal Pictures Company, Inc., and Universal Film Exchange, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided December 28, 1956.

Rehearing Denied March 27, 1957.

Attorney(s) appearing for the Case

Bruce Bromley, New York City, for appellants; John Logan O'Donnell, Leo P. Arnaboldi, Jr., and John S. Luckstone, New York City, of counsel.

Arnold Malkan, New York City, for appellees.

Before CLARK, Chief Judge, and HAND and SWAN, Circuit Judges.

Rehearing Denied March 27, 1957. See 241 F.2d 937.

SWAN, Circuit Judge.

These appeals bring up an order which denied, without opinion, a motion by defendants to disqualify the firm of Malkan & Ellner and the two lawyers constituting the firm, from appearing for or representing the plaintiffs in two actions each of which claimed treble damages for alleged violation of the anti-trust laws. In three prior appeals similar...

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