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R. V. McGINNIS THEATRES & PAY T. V., INC. v. VIDEO INDEPENDENT TH., INC.

No. 9443.

386 F.2d 592 (1967)

R. V. McGINNIS THEATRES & PAY T. V., INC., Appellant, v. VIDEO INDEPENDENT THEATRES, INC., et al., Appellees.

United States Court of Appeals Tenth Circuit.

November 28, 1967.

Attorney(s) appearing for the Case

W. Bradley Ryan, Boston, Mass. (Guterman, Horvitz & Rubin, Boston, Mass., on the brief), for appellant.

Edward Soule, Oklahoma City, Okl. (Lytle, Soule & Emery, Oklahoma City, Okl., Stanley Godofsky, of Royall, Koegel, Rogers & Wells, New York City, Coleman Hayes, Oklahoma City, John J. Galgay, of Regan, Goldfarb, Powell & Union, New York City, J. Warren Jackman, Jack I. Gaither, and Pat Malloy, Tulsa, Okl., on the brief), for appellees.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue is the capacity of appellant-plaintiff McGinnis to maintain a suit against the appellees-defendants for alleged violations of the Sherman and Clayton Antitrust Acts. McGinnis was incorporated in Oklahoma in 1958. This suit was commenced on August 7, 1964. The defendants attack the capacity of McGinnis to sue on the ground that its charter had been revoked and cancelled on April 26, 1963. McGinnis relies on the fact that the charter...

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