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VOGELSTEIN v. NATIONAL SCREEN SERVICE CORPORATION

Civ. A. No. 29526.

204 F.Supp. 591 (1962)

Harry VOGELSTEIN, trading as Baltimore Poster Company v. NATIONAL SCREEN SERVICE CORPORATION, Metro-Goldwyn-Mayer Inc. (formerly Loew's Incorporated), TCF Film Corporation (formerly Twentieth Century-Fox Film Corporation), United Artists Corporation, Warner Bros. Pictures Distributing Corporation, Paramount Film Distributing Corporation, and Universal Film Exchange, Inc.

United States District Court E. D. Pennsylvania.

March 30, 1962.

Attorney(s) appearing for the Case

Francis T. Anderson, Philadelphia, Pa., for plaintiff.

Louis J. Goffman, Philadelphia, Pa., for Warner Bros. Pictures Corp.

Edward W. Mullinix, Philadelphia, Pa., for National Screen Service Corp.

W. Bradley Ward, Philadelphia, Pa., for Metro-Goldwyn-Mayer Inc., United Artist Corp., T. C. F. Film Corp., Paramount Film Distributing Corp. and Universal Film Exchange Inc.

LUONGO, District Judge.

In this antitrust action, defendants' motion to dismiss the complaint has presented the Court with the following issue:

Does a stipulation entered into by the parties on November 4, 1957 during the course of a prior suit1 and the dismissal of that action in accordance with the terms of the stipulation compel us likewise to dismiss the instant complaint?

The details of the history of the litigation...

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