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CHARLES RUBENSTEIN, INC. v. COLUMBIA PICTURES CORP.

Civ. A. No. 4332.

176 F.Supp. 527 (1959)

CHARLES RUBENSTEIN, INC., a corporation, and Rubenstein & Kaplan, a partnership of Abraham A. Kaplan, Charles Rubenstein, Anna Rubenstein, and Charles Rubenstein and Anna Rubenstein as Trustees for Arnold Rubenstein and Sheldon Rubenstein, d/b/a Hollywood Theatre, Plaintiffs, v. COLUMBIA PICTURES CORPORATION, a corporation, Loew's Incorporated, a corporation, Minnesota Amusement Company, a corporation, Paramount Film Distributing Corporation, a corporation, RKO Radio Pictures, Inc., a corporation, Twentieth Century-Fox Film Corporation, a corporation, United Artists Corporation, a corporation, Universal Film Exchanges, Inc., a corporation, Warner Bros. Pictures Distributing Corporation, a corporation, Defendants.

United States District Court D. Minnesota, Fourth Division.

January 27, 1959.

Attorney(s) appearing for the Case

Lee Loevinger, Louise A. Herou, and Larson, Loevinger, Lindquist, Freeman & Fraser, Minneapolis, Minn., for plaintiffs.

Mandt Torrison, James C. O'Neill, and Bundlie, Kelley & Maun, St. Paul, Minn., for defendants Paramount Film Distributing Corporation and Minnesota Amusement Co.

Philip Neville and Neville, Johnson & Thompson, Minneapolis, Minn., for remaining defendants.

NORDBYE, Chief Judge.

Charles Rubenstein, Inc., is the owner of the Hollywood Theatre, hereafter called Hollywood. When it commenced operations on October 26, 1935, it was a newly constructed, attractive motion picture theatre situated in a suburban area of Minneapolis with a seating capacity of 950. Charles Rubenstein was President of the corporation. The principal shareholders at the time Hollywood was built were Louis...

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