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GOLDLAWR, INC. v. HEIMAN

Nos. 25964, 25965.

273 F.2d 729 (1959)

GOLDLAWR, INC., Plaintiff-Appellant, v. Marcus HEIMAN, Select Operating Corporation and United Booking Office, Inc., Defendants-Appellees, and Milton Shubert, William Klein and Sylvia W. Golde, Defendants.

United States Court of Appeals Second Circuit.

Decided December 29, 1959.

Rehearing Denied January 18, 1960.

Attorney(s) appearing for the Case

Gerald Schoenfeld and Bernard B. Jacobs, New York City, for defendant-appellee Select Operating Corp.

Gerald Schoenfeld and Bernard B. Jacobs, and Lipper, Shinn & Keeley, New York City, for defendant-appellee, United Booking Office, Inc. (C. Russell Phillips and Hugh G. Moulton (of Montgomery, McCracken, Walker & Rhoads), Philadelphia, Pa., of counsel for above two defendants-appellees).

Lipper, Shinn & Keeley, New York City, for defendant-appellee Morgan Guaranty Trust Co. and Asher Levy, Executors of the Estate of Marcus Heiman, deceased.

Curtis, Mallet-Prevost, Colt & Mosle, New York City (Harold E. Kohn and Dolores Korman of Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., of counsel), for plaintiff-appellant.

Before LUMBARD, Chief Judge, and SWAN and FRIENDLY, Circuit Judges.

PER CURIAM.

The amended complaint against six defendants alleges a conspiracy to violate the anti-trust laws and damage caused thereby to the plaintiff in the operation of the Erlanger Theatre in Philadelphia. It prays for a judgment against all the defendants in the amount of $1,050,000 to be trebled in accordance with the Clayton Act, 15 U.S.C.A. § 15, together with costs and an attorney's fee, and for an injunction. As against three of the defendants, the...

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