HARMAR DRIVE-IN THEATRE, INC., v. WARNER BROS. PICTURES, Inc.

Nos. 38, 39, Dockets 24014, 24015.

241 F.2d 937 (1957)

HARMAR DRIVE-IN THEATRE, Inc., Plaintiff-Appellee, v. WARNER BROS. PICTURES, Inc. (In Dissolution), et al., Defendants, and Paramount Film Distributing Corporation et al., Defendants-Appellants. COLONIAL DRIVE-IN THEATRE, Inc., Plaintiff-Appellee, v. WARNER BROS. PICTURES, Inc. (In Dissolution), et al., Defendants, and Paramount Film Distributing Corporation et al., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 27, 1957.


Attorney(s) appearing for the Case

Warren A. Seavey, Cambridge, Mass., for plaintiffs-appellees, petitioners.

Bruce Bromley, New York City (John Logan O'Donnell and Leo P. Arnaboldi, Jr., New York City, of counsel), for defendants-appellants.

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


On Petition for Rehearing.

PER CURIAM.

Petition for rehearing denied.

CLARK, Chief Judge (dissenting).

In view of the consideration which has been given to the suggestion for a hearing in banc, I deem a short note as to the present state of "second circuit law" hereon desirable, notwithstanding the extensive statements in our former opinions now published as 2 Cir., 239 F.2d 555.

Since one...

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