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SHAPIRO v. PARAMOUNT FILM DISTRIBUTING CORPORATION

No. 13074.

274 F.2d 743 (1960)

Merton SHAPIRO et al. v. PARAMOUNT FILM DISTRIBUTING CORPORATION et al., Appellants.

United States Court of Appeals Third Circuit.

Decided February 11, 1960.

Attorney(s) appearing for the Case

Arlin M. Adams, Philadelphia, Pa., for appellants except 20th Century-Fox Film Corp.

John F. Caskey, New York City, for Twentieth Century-Fox Film Corp.

Wm. A. Schnader, W. Bradley Ward, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Royall, Koegel, Harris & Caskey, New York City, on the brief for Paramount Film Distributing Corp., Columbia Pictures Corp., Universal Film Exchanges, Inc.; United Artists Corp., RKO Radio Pictures, Inc.; and Twentieth Century-Fox Film Corp., appellants.

Louis J. Goffman, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., on the brief, for Warner Brothers Pictures Distributing Corp., and Stanley-Warner Management Corp., appellants.

William A. Gray, Philadelphia, Pa., on the brief, for William Goldman Theatres, Inc., appellant.

Arthur Littleton, John N. Schaeffer, Jr., Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief, for Fox Philadelphia Building, Inc., appellant.

Nochem S. Winnet, Philadelphia, Pa. (Fox, Rothschild, O'Brien & Frankel, Donald Brown, Daniel Lowenthal, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.

PER CURIAM.

In this private treble damage action under the federal anti-trust laws, among other things, the defendants pleaded the statute of limitations as an affirmative defense. On October 5, 1959, in its pretrial order, the district court held that the Pennsylvania six year statute of limitations, 12 P.S. § 31, for actions on the case applied to all defendants except Fox Philadelphia Building, Inc. The court further said that: "This order involves a controlling...

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