IDEAL PICTURES, INCORPORATED v. FILMS INCORPORATED


190 F.Supp. 433 (1961)

IDEAL PICTURES INCORPORATED, George E. Dean, Lyle F. White, Jack J. Spire, Albert G. Karel, Walter J. Dauler, Dauler Films Inc., Rodney L. McArthur, Stanley L. Nolan, W. Dan Browning, Jr., Joseph C. Komarek, Robert Craig, Nelson C. White and Hadden Films, Inc., Plaintiffs, v. FILMS INCORPORATED, Encyclopedia Britannica Films, Inc., William Benton, Maurice B. Mitchell, Paul G. Hoffman, Harry E. Houghton and Adlai E. Stevenson, Defendants.

United States District Court S. D. New York.

January 9, 1961.


Attorney(s) appearing for the Case

Saul E. Rogers, New York City, for plaintiffs.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Peter M. Fishbein, New York City, of counsel, for defendants.


WEINFELD, District Judge.

There is no "generally accepted" policy or practice in this District (as described in the defendants' brief) "of extending a defendant's time to move against or answer the complaint in a private treble-damage antitrust suit until after he has completed the taking of a plaintiff's deposition * * *."1 This view suggests that the private treble-damage suit is sui generis. Our Court of Appeals has held to the contrary...

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