BALMORAL CINEMA v. ALLIED ARTISTS PICTURES CORP.

No. 87-6094.

885 F.2d 313 (1989)

BALMORAL CINEMA, INC., Plaintiff-Appellant, v. ALLIED ARTISTS PICTURES CORP., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1989.


Attorney(s) appearing for the Case

Lawrence G. Papale (argued), San Francisco, Cal., Barry Kuhn, Memphis, Tenn., and Carl Olson, for plaintiff-appellant.

Walter P. Armstrong, Jr., Goodman, McBride & Prewitt, Memphis, Tenn., Phillip A. Wittmann (argued), Wittmann & Hutchinson, New Orleans, La., Paul E. Prather, Memphis, Tenn., and S. Russell Hedrick, for defendants-appellees.

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


MERRITT, Circuit Judge.

This antitrust case presents a new issue in this Circuit: whether participation by movie distributors in an exhibitor motion picture split agreement establishes a "group boycott" which gives rise to per se liability under § 1 of the Sherman Act. Specifically, plaintiff-appellant, Balmoral Cinema, Inc. ("Balmoral") challenges the trial court's instruction to the jury that the conduct of the distributor-defendants be evaluated under...

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