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FOUR STAR COMICS CORPORATION v. KABLE NEWS COMPANY

Nos. 146, 147, Dockets 28126, 28127.

327 F.2d 287 (1963)

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

United States Court of Appeals Second Circuit.

Decided December 30, 1963.

Attorney(s) appearing for the Case

White & Case, New York City (John M. Johnston and Charles F. G. Raikes, New York City, of counsel), for plaintiffs-appellants.

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

Before WATERMAN, MOORE and SMITH, Circuit Judges.

PER CURIAM:

On a previous appeal we disagreed with the original trial court's interpretation of magazine distribution contracts between publishers (Four Star and Ajax) and the distributor (Kable) to the effect that the distributor was entitled to a deduction for all magazines returned to the distributor. We held that the contract in issue contemplated a scheme of distribution along the following steps:

1. Shipment by publisher to Kable's wholesaler; then...

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