SKOURAS THEATRES CORP. v. RADIO-KEITH-ORPHEUM CORP.


179 F.Supp. 163 (1959)

SKOURAS THEATRES CORPORATION et al., Plaintiffs, v. RADIO-KEITH-ORPHEUM CORPORATION et al., Defendants.

United States District Court S. D. New York.

December 3, 1959.


Attorney(s) appearing for the Case

Weisman, Celler, Allan, Spett & Sheinberg, New York City, for plaintiffs, Milton C. Weisman, Adolph Kaufman, Joseph A. Ruskay, Ralph J. Schwarz, Jr., Daniel A. Cohen, New York City, of counsel.

Louis Phillips, New York City, for defendants, Paramount Pictures Corp., Paramount Pictures, Inc., and Paramount Film Distributing Corp.

Simpson, Thacher & Bartlett, New York City, for defendants, Paramount Pictures Corp., Paramount Pictures, Inc., Paramount Film Distributing Corp., and American Broadcasting Paramount Theatres, Inc.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for defendant United Artists Corp.

Donovan, Leisure, Newton & Irvine, New York City, for defendants Radio-Keith-Orpheum Corp., RKO Radio Pictures, Inc., and RKO Pictures Corp.

Myles J. Lane, New York City, for defendants, Stanley Warner Management Corp., and Stanley Warner Corp.

Ferdinand Pecora, New York City, for defendant Columbia Pictures Corp.

Adolph Schimel, New York City, for defendants, Universal Pictures Corp., Inc., and Universal Film Exchanges, Inc.

R. W. Perkins, New York City, for defendants, Warner Bros. Pictures, Inc., Warner Bros. Pictures Distributing Corp., and Warner Bros. Pictures Inc. (in dissolution), Louis Nizer, E. Compton Timerlake, New York City, of counsel.


DIMOCK, District Judge.

In this private treble damage antitrust case defendants move for summary judgment dismissing all claims of plaintiffs which accrued with respect to certain theatres in the State of New Jersey more than two years before the commencement of this action. The motion is made on the ground that such claims are classed as forfeitures upon penal statutes and barred by the two-year statute of limitations of the State of New Jersey1...

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