FOUR STAR COMICS CORP. v. KABLE NEWS CO.

Nos. 265, 266, Docket 26467, 26468.

289 F.2d 632 (1961)

FOUR STAR COMICS CORPORATION, Plaintiff-Appellant-Appellee, v. KABLE NEWS COMPANY, Defendant-Appellee-Appellant. AJAX PUBLICATIONS, INC., Plaintiff-Appellant-Appellee, v. KABLE NEWS COMPANY, Defendant-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided May 9, 1961.

As Amended June 1, 1961.


Attorney(s) appearing for the Case

John M. Johnston, New York City (White & Case, and Charles F. G. Raikes, New York City, on the brief), for plaintiffs-appellants-appellees.

James R. Cherry, New York City (Hays, St. John, Abramson & Heilbron, Elias Messing, and Osmond K. Fraenkel, New York City, on the brief), for defendant-appellee-appellant.

Before HINCKS and MOORE, Circuit Judges, and BRENNAN, District Judge.


HINCKS, Circuit Judge.

These are two companion cases brought by two publishers of "comic books" against their common, exclusive, distributor. The central issue in both is the interpretation of the distribution contracts; both contracts were prepared by Kable, the distributor, and are identical. It will be convenient to treat the two cases as one. The crucial contractual provisions are set out in the margin.1

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