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UNITED STATES v. SHUBERT

Civ. A. No. 56-72.

491 F.Supp. 59 (1980)

UNITED STATES of America, Plaintiff, v. Lee SHUBERT, Jacob L. Shubert, Marcus Heiman, United Booking Office, Incorporated, Select Theatres Corporation, L. A. B. Amusement Corporation, Defendants.

United States District Court, S. D. New York.

June 11, 1980.

Attorney(s) appearing for the Case

Gregory B. Hovendon, Bertha E. Hernandez, U. S. Dept. of Justice, Washington, D.C., for the United States.

Parker, Chapin, Flattau & Klimpl, New York City, for The Shubert Organization, Inc.; Alvin M. Stein, Barry J. Brett, Patricia L. Truscelli, New York City, of counsel.

LASKER, District Judge.

By consent decree of February 17, 1956 the defendants were enjoined

"from acquiring a beneficial interest in any theatre, provided that . . . (B) . . . defendants may acquire a beneficial interest in any theatre (1) . . . upon an affirmative showing to this court that such acquisition will not unduly restrain competition . . ." (Consent Decree ¶ XXV)

Pursuant to those provisions the Shubert Organization...

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