SKOURAS THEATRES CORP. v. RADIO-KEITH-ORPHEUM CORP.


193 F.Supp. 401 (1961)

SKOURAS THEATRES CORPORATION et al., Plaintiffs v. RADIO-KEITH-ORPHEUM CORPORATION et al., Defendants. BROADWAY & NINETY-SIXTH STREET REALTY COMPANY et al., Plaintiffs v. LOEW'S, INCORPORATED et al., Defendants.

United States District Court S. D. New York.

March 29, 1961.


Attorney(s) appearing for the Case

Weisman, Celler, Allan, Spett & Sheinberg, New York City, Milton C. Weisman, Adolph Kaufman, Joseph A. Ruskay, Ralph Schwarz, New York City, of counsel, for plaintiffs.

Leonard Kaufman, New York City, for defendants Paramount Pictures Corporation, Paramount Pictures, Inc. and Paramount Film Distributing Corporation.

Simpson, Thacher & Bartlett, New York City, for defendants Paramount Pictures Corporation, Paramount Pictures, Inc. and Paramount Film Distributing Corporation and American Broadcasting Paramount Theatres, Inc.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for defendant United Artists Corporation.

Myles J. Lane, New York City, for defendants Stanley Warner Management Corporation and Stanley Warner Corporation.

Ferdinand Pecora, New York City, for defendant Columbia Pictures Corporation.

Adolph Schimel, New York City, for defendants Universal Pictures Corp., Inc. and Universal Film Exchanges, Inc.

Howard Levinson, New York City, for defendants Warner Bros. Pictures, Inc., Warner Bros. Pictures Distributing Corporation and Warner Bros. Pictures, Inc. (In Dissolution).

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Louis Nizer, E. Compton Timerlake, Gerald F. Phillips, New York City, of counsel, for defendant Metro-Goldwyn-Mayer, Inc. (sued herein as Loew's, Incorporated).


DIMOCK, District Judge.

In these two private treble damage antitrust actions consolidated for the purpose of trial, hereinafter referred to respectively as the Skouras case and the Broadway case, defendants move for partial summary judgment on several distinct grounds.

Plaintiffs, describing themselves as theatre operators of almost fifty theatres in the New York Metropolitan area, are suing certain distributors and exhibitors of motion pictures. Defendants...

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