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BERTHA BUILDING CORP. v. NATIONAL THEATRES CORP.

No. 288, Docket 25485.

269 F.2d 785 (1959)

BERTHA BUILDING CORPORATION, Plaintiff-Appellee, v. NATIONAL THEATRES CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 24, 1959.

Attorney(s) appearing for the Case

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

Corcoran, Kostelanetz, Gladstone & Lowell, New York City, for plaintiff-appellee. Boris Kostelanetz, New York City, and Nick C. Spanos, Los Angeles, Cal., of counsel.

Before SWAN, HINCKS and MOORE, Circuit Judges.

SWAN, Circuit Judge.

National Theatres Corporation has appealed from an order which denied its motion for summary judgment in this action for treble damages under section 4 of the Clayton Act, 15 U.S.C.A. § 15. The motion was based on the ground that the New York three year statute of limitations, prescribed by § 49, subd. 3 of the Civil Practice Act, barred the action. Without reaching the merits of the motion, Judge Zavatt denied it on the theory that...

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