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GOLDLAWR, INCORPORATED v. SHUBERT

Nos. 12974, 12975.

276 F.2d 614 (1960)

GOLDLAWR, INCORPORATED, Appellee, v. Jacob J. SHUBERT, Lawrence Shubert Lawrence, John Shubert, Select Theatres Corporation, Modern Theatre Corporation and Barrymore Theatre Corporation, Appellants, and L. A. B. Amusement Corporation and William Goldman Theatres, Inc. and William Goldman, Third Party Defendants. GOLDLAWR, INCORPORATED, Appellee, v. Jacob J. SHUBERT, Lawrence Shubert Lawrence, Select Theatres Corporation, Appellants, and L. A. B. Amusement Corporation and William Goldman Theatres, Inc. and William Goldman, Third Party Defendants.

United States Court of Appeals Third Circuit.

Decided February 25, 1960.

As Amended March 9, 1960.

As Amended March 25, 1960.

Attorney(s) appearing for the Case

C. Russell Phillips, Philadelphia, Pa. (C. Brewster Rhoads, Philadelphia, Pa., on the brief), for appellants.

Harold E. Kohn, Philadelphia, Pa. (Dolores Korman, Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In these anti-trust actions, differing only as to the number of defendants, the trial court granted plaintiff's motion to vacate its ex parte order permitting joinder of third party defendants and dismissing the third party complaint. Finding "no just reason for delay" the court directed entry of judgment in favor of third party defendants, William Goldman and William Goldman Theatres, Inc. in accordance with Rule 54(b) F.R. Civ.P. upon...

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