Cohen v. Time, Inc.
| Decision Date | 12 February 1963 |
| Docket Number | No. 17133.,17133. |
| Parties | L. Gilbert COHEN, Appellant, v. TIME, INC., and Life Circulation Co., Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
L. Gilbert Cohen, Minneapolis, Minn., made argument and filed brief pro se.
Edward J. Schwartzbauer, Minneapolis, Minn., made argument for appellees and Curtis D. Forslund and Dorsey Owen, Marquart, Windhorst & West, Minneapolis, Minn., were on the brief with him.
Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.
This is an action to recover treble damages under the Sherman and Clayton Anti-Trust Laws, 15 U.S.C.A. § 1, et seq., and 15 U.S.C.A. § 12 et seq. Plaintiff-appellant, who has appeared in the District Court and here pro se, claims that Time and Life were parties to a conspiracy among various publishers to allocate the sponsored circulations market to themselves.
Time and Life moved for summary judgment, basing their motion on interrogatories, depositions, correspondence between the parties and affidavits of Time and Life employees. Nothing was introduced in behalf of the appellant to counteract the showing by the appellees. In a cogent and carefully detailed opinion, the District Court fully demonstrated the non-existence of any genuine issue of fact and accordingly granted appellees' motion. No purpose could be served in the reiteration here of the reasons given by the District Court and accordingly we affirm on the basis of its opinion, Cohen v. Curtis Pub. Co., D.C. 31 F.R.D. 569.
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...McSpadden v. Mullins, 456 F.2d 428 (8th Cir. 1972); Cohen v. Curtis Publishing Co., 31 F.R.D. 569 (D.Minn.1962), aff'd. Cohen v. Time, Inc., 312 F.2d 747 (8th Cir. 1963), cert. denied, 375 U.S. 850, 84 S.Ct. 106, 11 L.Ed.2d 77 (1963). The standard to be applied is whether the moving party i......
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Fancher v. Baker, 5-3742
...question as to whether or not these two movants are entitled to the relief which they seek.' The Cohen case, supra, was affirmed Cohen v. Time, Inc. 312 F.2d 747, cert. denied 375 U.S. 850, 84 S.Ct. 106, 11 L.Ed.2d 77, and rehearing denied 375 U.S. 936, 84 S.Ct. 334, 11 L.Ed.2d Subsection (......
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...Court. D.C. Minn., 1962, 31 F.R.D. 569. Summary judgment granted therein was affirmed by this court per curiam in Cohen v. Time, Inc., 8 Cir. 1963, 312 F.2d 747, certiorari denied 375 U.S. 850, 84 S.Ct. 106, 11 L.Ed.2d On September 19, 1963, the motions of the defendants Curtis Publishing C......
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