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ASSOCIATED FILM DISTRIBUTION CORP. v. THORNBURGH

No. 85-1545.

800 F.2d 369 (1986)

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., and Warner Bros. Distributing Corporation, Appellants v. The Honorable Dick THORNBURGH, Governor of the Commonwealth of Pennsylvania, individually and in his official capacity, Harvey Bartle, III, Attorney General for the Commonwealth of Pennsylvania, individually and in his official capacity, Budco Theatres, Inc., Budco Quality Theatres, Inc., its subsidiary corporation, and Fox Theatres Management Corporation.

United States Court of Appeals, Third Circuit.

Decided September 12, 1986.

Attorney(s) appearing for the Case

James D. Crawford (Argued), Carl A. Solano, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellants.

H. Donald Busch, Lewis A. Grafman, Karen A. von Dreusche (Argued), Busch, Grafman & von Dreusche, Bala Cynwyd, Pa., for appellee, Budco Quality Theatres, Inc.

Peter M. Fishbein (Argued), Karen E. Katzman, Andrew MacDonald, Kaye, Scholer, Fierman, Hays & Handler, New York City, Richard M. Squire, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for appellee, Fox Theatres Management Corp.

Before SLOVITER and STAPLETON, Circuit Judges, and MENCER, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is the second time that this challenge to the Pennsylvania Feature Motion Picture Fair Business Practice Law, 73 P.S. §§ 203-1 to 203-11 (the Act), has been before this court.

The Act has five substantive provisions. First, it prohibits distributors from licensing films through "blind bidding", by requiring the distributors to hold a trade screening of any film in Pennsylvania before entering...

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