PARK NEPONSET CORPORATION v. SMITH

No. 5347.

258 F.2d 452 (1958)

PARK NEPONSET CORPORATION, Plaintiff, Appellant, v. Philip SMITH et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

August 29, 1958.


Attorney(s) appearing for the Case

George S. Ryan, Boston, Mass., with whom W. Bradley Ryan, Boston, Mass., was on brief, for appellants.

Robert W. Meserve, Boston, Mass., with whom E. Compton Timberlake, New York City, John R. Hally and Nutter, McClennen & Fish, Boston, Mass., were on brief, for M. & P. Theatres Corp. et al., appellees.

Edward C. Raftery, New York City, with whom Joseph K. Collins and Collins & Collins, Boston, Mass., were on brief, for Keith Massachusetts Corp. et al., appellees.

Edward L. LaVine, Cambridge, Mass., with whom Phillip J. Nexon, Samuel Markell and Goulston & Storrs, Boston, Mass., were on brief, for Philip Smith et al., appellees.

Mack Roberts and Roberts, Rosen, Stadfeld & Weiss, Boston, Mass., on brief for Monogram Pictures, Inc., appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


HARTIGAN, Circuit Judge.

The plaintiff, a Massachusetts corporation owning and operating the Park Theatre in East Walpole, Massachusetts, brought this treble damage action under Sec. 4 of the Clayton Act, 38 Stat. 731 (1914), 15 U.S.C.A. § 15 (1952), alleging that the defendants violated Sections 1 and 2 of the Sherman Act, 26 Stat. 209 (1890), 15 U.S.C.A. §§ 1 and 2 (1952).

The defendants are sixteen in number. Eight are distributors of motion...

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