COLUMBIA PICTURES INDUS. v. AMERICAN BROAD. COS., INC.

No. 922, Docket 74-1172.

501 F.2d 894 (1974)

COLUMBIA PICTURES INDUSTRIES, INC., et al., Plaintiffs-Appellants, v. AMERICAN BROADCASTING COMPANIES, INC., et al., Defendants-Appellees, and Columbia Broadcasting System, Inc., et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided July 3, 1974.


Attorney(s) appearing for the Case

Whitney North Seymour, New York City (Simpson Thacher & Bartlett, New York City), for plaintiffs-appellants.

Louis Nizer, New York City (Phillips, Nizer, Benjamin, Krim & Ballon, New York City), for plaintiff-appellant United Artists.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiff-appellant Warner Bros.

Herbert A. Bergson, Washington, D.C. (Bergson, Borkland, Margolis & Adler, Washington, D. C.), for defendants-appellees American Broadcasting Companies, Inc. and others.

Hawkins, Delafield & Wood, New York City, for defendants-appellees American Broadcasting Companies, Inc., and others.

Cravath, Swaine & Moore, New York City (Bruce Bromley, Robert S. Rifkind, Robert F. Mullen, Paul C. Saunders, and Steven M. Edwards, New York City), for defendant Columbia Broadcasting System, Inc., as amicus curiae.

Seward & Kissel, New York City, for defendant CBS, Inc.

Hughes, Hubbard & Reed, New York City, for defendant Viacom International, Inc.

Before LUMBARD, MOORE and OAKES, Circuit Judges.


MOORE, Circuit Judge:

Plaintiffs-appellants1 appeal from an order of Judge Palmieri denying their motion for a preliminary injunction which sought temporarily to enjoin "the defendant American Broadcasting Companies, Inc. (`ABC'), during the pendency of this case, from exhibiting or offering on the ABC television network any theatrical feature film produced or financed in whole or part or acquired on negative pick-up by ABC or a subsidiary...

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