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BERTHA BUILDING CORP. v. NATIONAL THEATRES CORP.

Nos. 329, 330, Docket 24253, 24254.

248 F.2d 833 (1957)

BERTHA BUILDING CORPORATION, Plaintiff-Appellant, v. NATIONAL THEATRES CORPORATION, Defendant-Appellee. GUMBINER THEATRICAL ENTERPRISES, Inc., Plaintiff-Appellant, v. NATIONAL THEATRES CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 10, 1957.

On Rehearing November 7, 1957.

Attorney(s) appearing for the Case

Boris Kostelanetz, New York City (Corcoran, Kostelanetz & Gladstone, Arthur Karger, Theodore E. Gladstone, and Francis J. Mulderig, New York City, on the brief), for appellants.

Frederick W. R. Pride, New York City (John F. Caskey, Dwight, Royall, Harris, Koegel & Caskey, Charles F. Young and Stanley Godofsky, New York City, on the brief), for appellee.

Before HAND, CHASE and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

These are appeals by the plaintiffs from judgments of Judge Galston, dismissing the complaints in two actions to recover treble damages under the Sherman Act, 15 U.S.C.A. §§ 1-7, 15 note. The only question presented is whether the actions were barred by the Statute of Limitations. In that connection, the crucial question is this: Was it proper for the judge instead of a jury to decide whether the defendant could have been sued in the...

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