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BERTHA BUILDING CORP. v. NATIONAL THEATRES CORP.

Civ. No. 12073.

166 F.Supp. 805 (1958)

BERTHA BUILDING CORPORATION, Plaintiff, v. NATIONAL THEATRES CORPORATION, Defendant.

United States District Court E. D. New York.

October 15, 1958.

Attorney(s) appearing for the Case

Corcoran, Kostelanetz & Gladstone, New York City, for plaintiff, Nick C. Spanos, Los Angeles, Cal., Francis J. Mulderig, New York City, of counsel.

Royall, Koegel, Harris & Caskey, New York City, for defendant, Frederick W. R. Pride, John F. Caskey, Charles F. Young, New York City, of counsel.

ZAVATT, District Judge.

This is a civil anti-trust action instituted in this Court by a California corporation upon an alleged cause of action, which, the plaintiff concedes, accrued in California no later than July 4, 1935. The complaint was not filed until September 5, 1951. The plaintiff pleaded the following statutes of limitations as being pertinent herein:

(1) Section 48 of the New York Civil Practice Act...

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