INDEPENDENT THEATRES, INC. v. AMERICAN BROADCAST., ETC.


179 F.Supp. 489 (1959)

INDEPENDENT THEATRES, INC., Plaintiff, v. AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., et al., Defendants.

United States District Court S. D. New York.

November 27, 1959.


Attorney(s) appearing for the Case

William Gold, New York City, for plaintiff.

Royall, Koegel, Harris & Caskey, New York City, for defendant Twentieth Century-Fox Film Corp. (Delaware).

Benjamin Melniker, New York City, for defendant Loew's Incorporated.

Leonard Kaufman, New York City, for defendant Paramount Pictures Corp.

Howard Levinson, New York City, for defendants Warner Bros. Pictures, Inc., and Warner Bros. Pictures Distributing Corp.

Jerome Golden, New York City, for defendants American Broadcasting-Paramount Pictures, Inc. and Wilby-Kincey Service Corp.

Charles F. Young, New York City, for defendant Citation Films, Inc.

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


WEINFELD, District Judge.

Rule 8(a) (2) of the Federal Rules of Civil Procedure requires that a pleading contain a short and plain statement of the claim showing that the pleader is entitled to relief. The liberality of pleading permitted by Nagler v. Admiral Corp., 2 Cir., 1957, 248 F.2d 319, neither overcomes the Rule nor does it justify the inclusion in the complaint of such matters...

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