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CHARLES RUBENSTEIN, INC. v. COLUMBIA PICTURES CORP.

Civ. No. 4332.

154 F.Supp. 216 (1957)

CHARLES RUBENSTEIN, Inc., a corporation, and Rubenstein & Kaplan, a partnership of Abraham A. Kaplan, Charles Rubenstein, Anna Rubenstein; and Charles Rubenstein and Anna Rubenstein as Trustees for Arnold Rubenstein and Sheldon Rubenstein, d/b/a Hollywood Theatre, Plaintiffs, v. COLUMBIA PICTURES CORPORATION, a corporation, Loews' Incorporated, a corporation, Minnesota Amusement Company, a corporation, Paramount Film Distributing Corporation, a corporation, RKO Radio Pictures, Inc., a corporation, Twentieth Century-Fox Film Corporation, a corporation, United Artists Corporation, a corporation, Universal Film Exchanges, Inc., a corporation, Warner Bros. Pictures Distributing Corporation, a corporation, Defendants.

United States District Court D. Minnesota, Fourth Division.

July 5, 1957.

Attorney(s) appearing for the Case

Mandt Torrison and Bundlie, Kelley & Maun, St. Paul, Minn., appeared in behalf of the Minnesota Amusement Co., in support of said motion.

Lee Loevinger and Larson, Loevinger, Lindquist, Freeman & Fraser, of Minneapolis, Minn., appeared in behalf of plaintiffs in opposition thereto.

NORDBYE, Chief Judge.

In substance it may be stated that the motion of defendant Minnesota Amusement Company is that, as to it, damages herein be limited to those accruing within two years prior to the commencement of this action, or, in the alternative, that the limitation period be set at six years. In view of this Court's decision in Homewood Theatre v. Loew's, Inc., D.C., 1951, 101 F.Supp. 76, that the six-year statute of...

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