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ORBO THEATRE CORPORATION v. LOEW'S INCORPORATED

No. 14362.

261 F.2d 380 (1958)

ORBO THEATRE CORPORATION, Appellant, v. LOEW'S INCORPORATED et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 13, 1958.

Attorney(s) appearing for the Case

Mr. Joseph G. Dooley, Washington, D. C., for appellant.

Mr. John F. Caskey, New York City, with whom Messrs. William R. Glendon and Stanley Godofsky, New York City, were on the brief, for appellees. Mr. Joseph T. Childs, Washington, D. C., also entered an appearance for appellees.

Before JACKSON, a Senior Judge of the United States Court of Customs and Patent Appeals, sitting by designation, and BAZELON (presiding) and BASTIAN, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment of the District Court dismissing plaintiff's (appellant's) complaint. The action was for an injunction and treble damages, based upon an alleged violation of the antitrust laws.

Briefly stated, plaintiff asserted that defendants (appellees) had entered into a mutually devised plan or conspiracy to hold back the film availability of plaintiff's motion picture theatre to an absolute minimum of twenty-one days; that...

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