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MICHAEL ROSE PRODUCTIONS v. LOEW'S INCORPORATED

No. 360, Docket 24506.

246 F.2d 605 (1957)

MICHAEL ROSE PRODUCTIONS, Inc., Plaintiff-Appellant, v. LOEW'S INCORPORATED, Paramount Film Distributing Corporation, T. C. F. Film Corporation, R. K. O. Radio Pictures, Inc., Warner Bros. Pictures Distributing Corporation, Universal Film Exchanges, Inc., Columbia Pictures Corporation and United Artists Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided July 8, 1957.

Attorney(s) appearing for the Case

Aaron E. Koota, New York City, for appellant (Francis T. Anderson, Philadelphia, Pa., on the brief).

Simpson, Thacher & Bartlett, New York City, for all appellees except Columbia Pictures Corp. (Albert C. Bickford, Whitney North Seymour, Jr., and William J. Manning, New York City, of counsel).

Schwartz & Frolich, New York City, for appellee Columbia Pictures Corp. (Myles J. Lane, New York City, and Bernard R. Sorkin, Brooklyn, N. Y., of counsel).

Before CLARK, Chief Judge, and CHASE and HINCKS, Circuit Judges.

PER CURIAM.

The suit was brought to recover treble damages under the anti-trust laws.

The appellees answered with a general denial and, in an amended answer, pleaded the affirmative defense of a general release which the appellant had executed and delivered to appellees United Artists Corporation and Loew's Incorporated on February 5, 1954. The appellees then moved for a summary judgment which was denied without prejudice. After further proceedings, which...

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