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ASSOCIATED FILM DIST. CORP. v. THORNBURGH

Nos. 81-2706 to 81-2708.

683 F.2d 808 (1982)

ASSOCIATED FILM DISTRIBUTION CORPORATION, Avco Embassy Pictures Corp., Buena Vista Distribution Co., Inc., Columbia Pictures Industries, Inc., Filmways Pictures, Inc., Metro Goldwyn-Mayer, Inc., Paramount Pictures Corporation, Twentieth Century-Fox Film Corporation, United Artists Corporation, Universal Pictures Division of Universal City Studios, Inc., Universal Film Exchanges, Warner Bros., Inc., Warner Bros. Distributing Corporation, Appellees, v. The Honorable Dick THORNBURGH, Governor of the Commonwealth of Pennsylvania, Individually and in his official capacity, Bartle, Harvey, III, Attorney General for the Commonwealth of Pennsylvania, individually and in his official capacity, Budco Theatres, Inc., Budco Quality Theatres, Inc., its subsidiary corporation, Fox Theatres Management Corporation, The Governor and the Attorney General of the Commonwealth of Pennsylvania, Appellants in No. 81-2706. Appeal of BUDCO QUALITY THEATRES, INC., in No. 81-2707. Appeal of FOX THEATRES MANAGEMENT CORPORATION, in No. 81-2708.

United States Court of Appeals, Third Circuit.

Decided July 20, 1982.

Attorney(s) appearing for the Case

Gregg H. S. Golden (argued), Deputy Atty. Gen., Leroy S. Zimmerman, Atty. Gen., Allen C. Warshaw, Deputy Atty. Gen., Harrisburg, Pa., Chief, Special Litigation Section, for the Governor and Attorney General of the Commonwealth of Pennsylvania.

H. Donald Busch (argued), Lewis A. Grafman, Shelley R. Goldfarb, Philadelphia, Pa. (Harry Norman Ball, Busch & Schramm, Philadelphia, Pa., of counsel), for Budco Quality Theatres, Inc.

Peter M. Fishbein (argued), Richard M. Squire, Manya L. Kamerling, Karen E. Katzman, Philadelphia, Pa. (Cohen, Shapiro, Polisher, Shiekman & Cohen, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for Fox Theatres.

Bernard G. Segal (argued), Bancroft D. Haviland, James D. Crawford, Carole E. Handler, George P. Williams, III, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., (Barbara Scott, William Nix, New York City, of counsel), for appellees.

Before GIBBONS, and HUNTER, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

Plaintiffs in this case are movie distributors and producers. They filed suit against Pennsylvania's governor and several movie exhibitors seeking a declaratory judgment that the Pennsylvania Feature Motion Picture Fair Business Practices Law, 73 P.S. §§ 203-1 through 203-11, was unconstitutional. The trial court granted summary judgment for plaintiffs, striking down the entire statute as violative...

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