CALDERONE ENTERPRISES CORPORATION, Plaintiff-Appellant,
v.
UNITED ARTISTS THEATRE CIRCUIT, INC., et al., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 11, 1971.
Decided December 28, 1971.
Attorney(s) appearing for the Case
David B. Bernfeld, New York City (Herbert Schrank, Goldstein & Schrank, New York City, on the brief), for plaintiff-appellant.
John L. Amabile, New York City (Schwartz, Mermelstein, Burns, Lesser & Jacoby, New York City, for appellee Columbia Pictures Industries, Inc.; Phillips, Nizer, Benjamin, Krim & Ballon, New York City (George Berger, New York City, of counsel), for appellee United Artists Corp.; Stroock & Stroock & Lavan, New York City (Laurence Greenwald, Bernard R. Sorkin, New York City, of counsel), for appellee Warner Bros., Inc., sued herein as Warner Bros.-Seven Arts, Inc.; Royall, Koegel & Wells, New York City (Herbert C. Earnshaw, New York City, of counsel), for appellee Twentieth Century-Fox Film Corp.; Booth, Lipton & Lipton, New York City (Donald S. Engel, New York City, of counsel), for appellee National General Pictures Corp.; E. Compton Timberlake, New York City (Walter J. Josiah, Jr., New York City, of counsel), for appellee Paramount Pictures Corp.; Davis Polk & Wardwell, New York City (Henry L. King, William H. Levit, Jr., New York City, of counsel), for appellee Metro-Goldwyn-Mayer, Inc.), for distributors-appellees.
Bernard W. Nussbaum, New York City (Wachtell, Lipton, Rosen & Katz, New York City, for appellees United Artists Theatre Circuit, Inc., Metropolitan Playhouses, Inc. and United Artists Eastern Theatres, Inc.), for exhibitors-appellees.
Before KAUFMAN and MANSFIELD, Circuit Judges, and LEVET, District Judge.
United States Court of Appeals, Second Circuit.
MANSFIELD, Circuit Judge:
This appeal raises once again the question whether one who is not a "target" of an alleged antitrust conspiracy has standing under § 4 of the Clayton Act, 15 U.S.C. § 15, to sue for treble the amount of damages suffered by it incidentally. In this case, suit is brought by a non-operating landlord of theatres allegedly used by its tenant and various motion picture distributors and exhibitors in furtherance of an antitrust conspiracy...
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