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LAWRENCE CAPITOL v. STANLEY-WARNER CORPORATION

Civ. A. No. 55-332.

152 F.Supp. 889 (1957)

LAWRENCE CAPITOL, Inc. v. STANLEY-WARNER CORPORATION, Stanley-Warner Circuit Management Corporation, Massachusetts Amusement Corporation, Warner Bros. Pictures Distributing Corporation, Warner Bros. Pictures, Inc., T. C. F. Film Corporation, Twentieth Century-Fox Film Corporation, Loew's Incorporated, Paramount Film Distributing Corporation, Paramount Pictures, Inc., R K O Radio Pictures, Inc., Columbia Pictures Corporation, Universal Film Exchanges, Inc., United Artists Corporation, Republic Pictures Corporation.

United States District Court D. Massachusetts.

July 1, 1957.

Attorney(s) appearing for the Case

Jean C. Campopiano, Lawrence, Mass., and Russell Hardy, Sr., Washington, D. C., for plaintiff, Lawrence Capitol, Inc.

Robert W. Meserve, John R. Hally, and Nutter, McClennen & Fish, Boston, Mass., for defendants, Twentieth Century-Fox Film Corp., Paramount Film Dist. Corp., Republic Pictures Corp., Columbia Pictures Corp., United Artists Corp., Loew's, Inc., RKO Radio Pictures, Inc., and Universal Film Exchanges, Inc.

Richard L. Brickley, and Brickley, Sears & Cole, Boston, Mass., for defendants, Stanley-Warner Corp., Massachusetts Amusement Corp., Stanley-Warner Circuit Management Corp., and Warner Bros.

SWEENEY, Chief Judge.

This proceeding arises out of a motion picture anti-trust action, the complaint of which charges a conspiracy to deny first run pictures to the plaintiff. Counts 6 and 7 of the complaint further allege that the settlement of a prior similar action against all but two of these defendants (Twentieth Century-Fox Film Corporation and Republic Pictures Corporation) and the general release given by the plaintiff were obtained by fraud and duress. The...

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