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ALLIED ARTISTS PICTURE CORP. v. RHODES

Nos. 80-3566, 80-3600.

679 F.2d 656 (1982)

ALLIED ARTISTS PICTURE CORP., Plaintiff, and Avco Embassy Pictures Corp., et al., Plaintiffs-Appellants, Cross-Appellees, v. James A. RHODES, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 4, 1982.

Rehearings and Rehearings Denied August 17, 1982.

Attorney(s) appearing for the Case

Earl F. Morris, Harry Wright, III, Porter, Wright, Morris & Arthur, Columbus, Ohio, Robert W. Trafford, Dixon F. Miller, Alan Dershowitz, Cambridge, Mass., for Avco Embassy Pictures Corp., et al.

William J. Brown, Atty. Gen. of Ohio, Alan C. Witten, Asst. Atty. Gen., Gregory E. Young, Antitrust Section, Columbus, Ohio, for Rhodes.

Before LIVELY and MERRITT, Circuit Judges, and CECIL, Senior Circuit Judge.

Rehearings and Rehearings En Banc Denied August 17, 1982.

MERRITT, Circuit Judge.

An Ohio statute regulating the marketing of motion pictures outlaws "blind bidding" and instead requires suppliers of motion pictures to screen their films in Ohio for all interested theater operators prior to negotiations or bidding. The second feature of the statute under attack is a set of competitive bidding guidelines. Although the statute allows producers and distributors...

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