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NAUMKEAG THEATRES CO. v. NEW ENGLAND THEATRES, INC.

No. 6352.

345 F.2d 910 (1965)

NAUMKEAG THEATRES CO., Inc., Plaintiff, Appellant, v. NEW ENGLAND THEATRES, INC., et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Decided May 25, 1965.

Attorney(s) appearing for the Case

W. Bradley Ryan, Boston, Mass., with whom Barry R. McDonough, Boston, Mass., was on brief, for appellant.

Robert W. Meserve, Boston, Mass., with whom Dana C. Coggins, Boston, Mass., Stuart Aarons, New York City, Richard L. Brickley, Nutter, McClennen & Fish, and Brickley, Sears & Cole, Boston, Mass., were on brief, for appellees.

Before WOODBURY, Chief Judge, ALDRICH, Circuit Judge, and CAFFREY, District Judge.

ALDRICH, Chief Judge.

This is a moving picture private antitrust action in which the primary question is whether the evidence, including any which we may find the district court wrongfully excluded, entitled, or would have entitled, the plaintiff to go to the jury. The district court directed a verdict for the defendants at the close of plaintiff's case on the ground that no conspiracy had been shown. Plaintiff appeals.

The plaintiff, Naumkeag Theatres Co...

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