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BROWN v. WESTERN MASSACHUSETTS THEATRES, INC.

No. 5715.

288 F.2d 302 (1961)

Herbert I. BROWN, Plaintiff, Appellant, v. WESTERN MASSACHUSETTS THEATRES, INC., Defendant, Appellee.

United States Court of Appeals First Circuit.

Rehearing Denied April 24, 1961.

Attorney(s) appearing for the Case

George S. Ryan, with whom W. Bradley Ryan and Ryan & Ryan, Boston, Mass., were on the brief, for appellant.

Philip M. Cronin, Boston, Mass., with whom Charles E. Gennert, Boston, Mass., Samuel T. Tisdale, Greenfield, Mass., Withington, Cross, Park & McCann, Boston, Mass., and Hesselton & Tisdale, Greenfield, Mass., were on the brief, for appellee.

Before HARTIGAN and ALDRICH, Circuit Judges, and JULIAN, District Judge.

ALDRICH, Circuit Judge.

This is an action under the Sherman and Clayton Acts. 15 U.S.C.A. § 1 et seq. At the close of the plaintiff's case the court ordered a verdict for the defendant. The only question of moment on this appeal is whether the evidence warranted a finding that defendant Western Massachusetts Theatres, Inc., conspired with several other named parties to monopolize and restrain trade in the exhibition of first-run1...

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