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THOMPSON v. NORTH CAROLINA THEATRES, INC.

Civ. A. No. 916.

176 F.Supp. 73 (1959)

Allen B. THOMPSON, Brona C. Thompson, Plaintiffs, v. NORTH CAROLINA THEATRES, INC., Wilby-Kincey Service Corporation and H. E. Kincey, Paramount Film Distributing Corporation, Loew's Incorporated, Twentieth Century-Fox Film Corporation, Warner Bros. Pictures Distributing Corporation, RKO Radio Pictures, Inc., United Artists Corporation, Universal Film Exchanges, Inc., Columbia Pictures Corporation and Republic Pictures Corporation, Defendants.

United States District Court W. D. North Carolina, Charlotte Division.

September 9, 1959.

Attorney(s) appearing for the Case

George S. Ryan and W. Bradley Ryan, Boston, Mass., Francis H. Fairley and W. I. Ward, Jr., Charlotte, N. C., for plaintiffs.

Helms, Mulliss, McMillan & Johnston, Charlotte, N. C., Dwight, Royall, Harris, Koegel & Caskey, New York City, for defendants.

WARLICK, District Judge.

The defendants in this treble damage suit under the Anti-Trust Laws, 15 U.S. C.A. § 15, have moved for a partial summary judgment seeking to have dismissed all claims embraced in the complaint which accrued or became fixed prior to one year next preceding the filing of the complaint and the issuance of summons, as, being barred by the one year Statute of Limitations of North Carolina.

Since there was no statute under the federal...

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