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GORDON v. LOEW'S INCORPORATED

Nos. 12214, 12215.

247 F.2d 451 (1957)

Frank I. GORDON and Marion V. Gordon, Appellants, v. LOEW'S Incorporated, a Delaware Corporation, Paramount Film Distributing Corporation, a Delaware Corporation, RKO Radio Pictures, Inc., a Delaware Corporation, Twentieth Century-Fox Film Corporation, a Delaware Corporation, Warner Bros. Pictures Distributing Corporation, a New York Corporation, Columbia Pictures Corporation, a New York Corporation, Universal Film Exchanges, Inc., a Delaware Corporation, and United Artists Corporation, a Delaware Corporation. John C. GORDON, Helen Gordon and Joseph Gordon, Appellants, v. LOEW'S Incorporated, a Delaware Corporation, Paramount Film Distributing Corporation, a Delaware Corporation, RKO Radio Pictures, Inc., a Delaware Corporation, Twentieth Century-Fox Film Corporation, a Delaware Corporation, Warner Bros. Pictures Distributing Corporation, a New York Corporation, Columbia Pictures Corporation, a New York Corporation, Universal Film Exchanges, Inc., a Delaware Corporation, and United Artists Corporation, a Delaware Corporation.

United States Court of Appeals Third Circuit.

Decided July 31, 1957.

As amended on Denial of Rehearing September 16, 1957.

Attorney(s) appearing for the Case

Richard Orlikoff, Chicago, Ill. (Howard Engel, Stein, Stein & Engel, Jersey City, N. J., Wolff, Frankel, Pennish & Orlikoff, Chicago, Ill., on the brief), for appellant.

Willard G. Woelper, Newark, N. J. (Toner, Crowley, Woelper & Vanderbilt, Newark, N. J., John F. Caskey, Stanley Godofsky, Leonard Stecher, E. Compton Timberlake, Marvin H. Ginsky, Bernard E. Kalman, New York City, on the brief), for appellees.

Before MARIS, STALEY and HASTIE, Circuit Judges.

MARIS, Circuit Judge.

These appeals from summary judgments entered by the District Court for the District of New Jersey in favor of the defendants raise the question whether the plaintiffs' actions for treble damages under section 4 of the Clayton Act1 are barred by an applicable statute of limitations.

The complaints, one by Frank I. Gordon and Marion V. Gordon and the other by John C. Gordon, Helen Gordon and Joseph Gordon, were...

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