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VIKING THEATRE CORP. v. WARNER BROS. PICTURES D. CORP.

Civ. A. No. 37919.

264 F.Supp. 665 (1967)

VIKING THEATRE CORPORATION v. WARNER BROS. PICTURES DISTRIBUTING CORPORATION et al.

United States District Court E. D. Pennsylvania.

February 21, 1967.

Attorney(s) appearing for the Case

Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., David Shivitz, Harry M. Pimstein, New York City, for plaintiff.

Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Gerald Phillips, New York City, Franklin Poul, Philadelphia, Pa., Stuart H. Aarons, New York City, H. Francis DeLone, Philadelphia, Pa., James M. Ellis, New York City, Edwin P. Rome, Ralph Earle, II, Philadelphia, Pa., for defendants.

VAN DUSEN, District Judge.

This is the third civil treble damage action under 15 U.S.C. § 15 brought by a motion picture exhibitor in Philadelphia against certain distributors and other exhibitors of first-run motion pictures. The first suit (hereinafter called "Viking I"), covering the period 7/2/54 to 11/13/56 (Civil Action No. 21623), resulted in a directed verdict for the defendants. Viking Theatre Corp. v. Paramount Film Distributing Corp.,

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