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WEBSTER ROSEWOOD CORP. v. SCHINE CHAIN THEATRES, INC.

No. 139, Docket 25036.

263 F.2d 533 (1959)

WEBSTER ROSEWOOD CORPORATION, Appellant, v. SCHINE CHAIN THEATRES, INC., a New York Corporation; Schine Theatrical Co., Inc., a New York Corporation; Schine Circuit, Inc., a New York Corporation; Schine Lexington Corporation, a New York Corporation; and J. Myer Schine, Louis W. Schine, and John A. May; all of Gloversville, New York, Appellees.

United States Court of Appeals Second Circuit.

Decided February 13, 1959.

Attorney(s) appearing for the Case

Francis T. Anderson, Philadelphia, Pa., for appellant, Cormac J. Malloy, Gray, Schaffer & Malloy, Philadelphia, Pa., of counsel.

James O. Moore, Jr., Raichle, Tucker & Moore, Buffalo, N. Y., for appellees, David C. Diefendorf, Buffalo, N. Y., of counsel.

Before HAND, LUMBARD and BURGER, Circuit Judges.

HAND, Circuit Judge.

The plaintiff appeals from a judgment of Judge Foley, dismissing its complaint demanding treble damages for violation of the antitrust laws (§ 15, Title 15 U.S. C.A.). The action was tried to the judge who delivered an elaborate opinion reported in 157 F.Supp. 251, 259, to which we refer as the supplement to what we say. The claim in suit arose from an alleged injury to the plaintiff, the corporate owner...

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