SPANOS v. SKOURAS THEATRES CORPORATION

No. 4, Docket 29430.

364 F.2d 161 (1966)

Nick C. SPANOS, Plaintiff-Appellee, v. SKOURAS THEATRES CORPORATION, Theatre & Cinema, Inc., Philhamboro, Inc., Youngstown Theatre Corporation and Modern Playhouses, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 18, 1966.

On Reconsideration August 2, 1966.


Attorney(s) appearing for the Case

Richard Gyory, New York City (Levin, Kreis, Ruskin & Gyory, New York City, on the brief), for plaintiff-appellee.

Milton C. Weisman, New York City, (Adolph Kaufman, Leonard H. Dickstein, Weisman, Celler, Allan, Spett & Sheinberg, New York City, on the brief), for defendants-appellants.

On reconsideration in banc:

Levin, Kreis, Ruskin & Gyory, New York City (Kissam & Halpin, Leo T. Kissam, Richard Gyory, Anthony S. Genovese, New York City, of counsel), for plaintiff-appellee.

Weisman, Celler, Allan, Spett & Sheinberg, Milton C. Weisman, Adolph Kaufman, and Leonard H. Dickstein, New York City, for defendants-appellants.

Albert R. Connelly, New York City, for Association of Bar of City of New York, amicus curiae.

Bernard A. Grossman, New York City, for Federal Bar Ass'n of New York, New Jersey and Connecticut, amicus curiae.

Daniel M. Shientag, New York City (Sidney Pepper, New York City, of counsel), for New York County Lawyers' Ass'n, amicus curiae.

James Amadei, New York City, and others, for New York State Bar Ass'n, amicus curiae.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.


On Reconsideration in Banc August 2, 1966.

LUMBARD, Chief Judge:

The principal question for decision is whether an out-of-state attorney can recover for legal services rendered in an antitrust suit in a New York federal court when he has not been admitted to the bar of New York State or of the federal court.

Defendants, Skouras Theatres and inter-related companies, appeal from a judgment in a diversity suit in the Southern District Court awarding Nick...

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