TWENTIETH CENTURY FOX FILM CORPORATION v. GOLDWYN

No. 17725.

328 F.2d 190 (1964)

TWENTIETH CENTURY FOX FILM CORPORATION, Fox West Coast Theatres Corporation, Fox West Coast Agency Corporation and National Theatres Corporation, Defendant-Appellants, v. Samuel GOLDWYN, Francis Howard Goldwyn, Samuel Goldwyn, Jr., James A. Mulvey and Ben Fish, doing business as Goldwyn Productions, a limited partnership, Plaintiff-Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 12, 1964.


Attorney(s) appearing for the Case

Dunne, Bledsoe, Smith, Phelps, Cathcart & Johnson and Arthur B. Dunne, San Francisco, Cal., Royall, Koegel & Rogers and Frederick W. R. Pride, New York City, O'Melveny & Myers and Bennett W. Priest, Los Angeles, Cal., for appellants-appellees.

Joseph L. Alioto, San Francisco, Cal., George Slaff, Los Angeles, Cal., Maxwell Keith, and Matthew P. Mitchell, San Francisco, Cal., for appellees-appellants.

Before POPE, HAMLEY and BROWNING, Circuit Judges.


HAMLEY, Circuit Judge.

This is a suit by a motion picture producer against motion picture exhibitors and their agents to recover damages for, and obtain injunctive relief from, asserted violations of sections 1 and 2 of the Sherman Act.1 Damages were claimed in the sum of $2,250,000, trebled to $6,750,000. Jurisdiction was asserted under sections 4 and 16 of the Clayton Act.2...

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