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ROONEY v. COLUMBIA PICTURES INDUSTRIES, INC.

No. 81 Civ. 3877 (WCC).

538 F.Supp. 211 (1982)

Mickey ROONEY, on behalf of himself and all others similarly situated, Plaintiff, v. COLUMBIA PICTURES INDUSTRIES, INC.; Metro-Goldwyn-Mayer, Inc.; Paramount Pictures Corp.; RKO General, Inc.; Twentieth Century-Fox Film Corp.; United Artists Corp.; Universal City Studios, Inc.; and Warner Bros. Inc., Defendants.

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

April 19, 1982.

Attorney(s) appearing for the Case

Berger & Montague, P. C., Philadelphia, Pa., for plaintiff; David Berger, H. Laddie Montague, Jr., Robert Simon Balter, Howard L. Langer, Philadelphia, Pa., Richard E. Bennett, New York City, of counsel.

Simpson, Thacher & Bartlett, New York City, for defendants Columbia Pictures Industries, Inc., Metro-Goldwyn-Mayer, Inc., Paramount Pictures Corp., Twentieth Century-Fox Film Corp., and Universal City Studios, Inc; Roy L. Reardon, David E. Massengill, New York City, of counsel.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for defendants United Artists Corp. and Warner Bros. Inc.; Gerald F. Phillips, New York City, of counsel.

Regan, Goldfarb, Heller, Wetzler & Quinn, New York City for defendant RKO General, Inc.; Harry E. Youtt, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

Plaintiff Mickey Rooney ("Rooney") brings this action on behalf of himself and a purported class consisting of all performers in motion picture films produced by defendants or their predecessors and affiliates, the principal photography of which films was completed prior to February 1, 1960 ("pre-1960 Films"). Defendants, eight major producers or distributors of motion picture films, have moved to dismiss the complaint...

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