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WALDER v. PARAMOUNT PUBLIX CORP.

No. 12, Docket 25471.

272 F.2d 349 (1959)

Charles WALDER et al., Plaintiffs-Appellants, v. PARAMOUNT PUBLIX CORP. et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 1, 1959.

Attorney(s) appearing for the Case

Claudia Pearlman, New York City (Edgar A. Buttle, New York City, of counsel), for plaintiffs-appellants.

Louis Phillips, New York City (E. Compton Timberlake, Marvin H. Ginsky, Bernard E. Kalman, New York City, of counsel), for defendants Paramount Pictures Inc. (In Dissolution), Paramount Film Distributing Corporation and Paramount Pictures Corporation.

Jerome B. Golden, New York City (E. Compton Timberlake, New York City, of counsel), for defendant American Broad-casting-Paramount Theatres, Inc.

Royall, Koegel, Harris & Caskey, New York City (John F. Caskey, Stanley Godofsky, New York City, of counsel), for defendants TCF Film Corporation, a New York corporation, now dissolved, Warner Bros. Pictures Distributing Corporation and RKO Radio Pictures, Inc.

Schwartz & Frohlich, New York City (Myles J. Lane, New York City, Bernard R. Sorkin, Brooklyn, N. Y., of counsel), for defendant Columbia Pictures Corporation.

Before LUMBARD, WATERMAN, FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge.

From the year 1928 to the present time the Walder family, through various corporations, has had exclusive ownership of the Tivoli Theatre, a neighborhood motion picture house in Miami, Florida. Save for the period between 1937 and 1947 operation of the theater also has been exclusively in the hands of the Walders. Until 1931 ownership and operation were both in the name of Tivoli Theatre, Inc. In 1931 ownership was transferred to Walwal Corporation...

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