De Luxe Theatre Corp. v. Balaban & Katz Corp., 47 C 889.

Decision Date12 March 1951
Docket NumberNo. 47 C 889.,47 C 889.
CourtU.S. District Court — Northern District of Illinois
PartiesDE LUXE THEATRE CORP. v. BALABAN & KATZ CORP. et al.

95 F. Supp. 983

DE LUXE THEATRE CORP.
v.
BALABAN & KATZ CORP. et al.

No. 47 C 889.

United States District Court, N. D. Illinois E. D.

March 12, 1951.


95 F. Supp. 984

Goldberg, Devoe & Brussell, John Mulder and Francis Cuneo, all of Chicago, Ill., for plaintiff.

Poppenhusen, Johnston, Thompson & Raymond, Mayer, Meyer, Austrian & Platt, and Matthews & Springer, all of Chicago, Ill., for defendants.

CAMPBELL, District Judge.

Plaintiff brings this action, seeking damages and injunctive relief, for alleged violations by defendants of Sections 1 and 2 of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1, 2. Plaintiff, a so-called neighborhood movie house, charges, among other things, in its complaint that the defendants violated the Act by engaging in such practices as block booking; forcing of short subjects and news reels; arbitrary designation of play dates; protection and clearance; arbitrary, unconscionable and discriminatory film rentals; and minimum admission prices. Upon motion of certain defendants, Paragraphs 24 and 25 of the complaint were stricken by the Court. See De Luxe Theatre Corp. v. Balaban & Katz Corp., D.C., 88 F.Supp. 311. Subsequently, plaintiff amended its complaint by filing new Paragraphs 24 and 25, which paragraphs all defendants now move to strike. The subject paragraphs contain the following allegations:

"24. On July 20, 1938, the United States of America filed a suit in equity in the District Court of the United States for the Southern District of New York in cause numbered Equity No. 87-273, entitled `United States of America, Plaintiff, v. Paramount Pictures, Inc., et al, Defendants', charging the defendants or their privies, except defendant Balaban and Katz Corporation, in substance with the same violations of Sections 1 and 2 of the Sherman Anti-Trust Act as are charged in this complaint against the same defendants or their privies. On October 8, 1945, said case proceeded to trial before a three-judge statutory court and evidence was taken therein until November 20, 1945. On June 11, 1946, said three-judge court filed its memorandum opinion, as reported at, D.C., 66 F.Supp. 323, and on December 31, 1946, said court issued its Findings of Fact, Conclusions of Law and Decree, as reported at D.C., 70 F.Supp. 53. On May 3, 1948, the United States Supreme Court affirmed in part and reversed in part said Decree of the United States District Court for the Southern District of New York, its decision being reported

95 F. Supp. 985
at 334 U.S. 131, 68 S.Ct. 915, 92 L.Ed. 1260. On June 2, 1948, the United States Supreme Court entered its mandate in accordance with its said Opinion, in part affirming and in part reversing said Decree and remanding the case to said District Court for further proceedings in conformity with its Opinion. On June 25, 1948, the United States District Court of New York entered an order making the Mandate and Decree of the United States Supreme Court its order and judgment."

"25. On November 8, 1948, the United States of America and defendants Radio-Keith-Orpheum Corporation, RKO Radio Pictures, Inc., and Radio Keith Orpheum Mid-West Corporation consented to the entry of a decree in said Equity No. 87-273 as to said defendants, a copy of which decree is reported at Paragraph 62,335 of CCH Trade Reg. Rep. On May 3, 1949, testimony having been taken in said cause after its remand by the United States Supreme Court, the United...

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13 cases
  • Commonwealth Edison Co. v. Allis-Chalmers Mfg. Co., Civ. A. No. 61 C 1277 and related cases
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • 18 Octubre 1962
    ...v. American Soc'y of Composers, Authors & Publishers, 3 F. R.D. 157, 159 (D.C.N.Y., 1942); DeLuxe Theatre Corp. v. Balaban & Katz Corp., 95 F.Supp. 983, 986 (D.C.Ill., 1951); Aljan Camera Co. v. Eastman Kodak Co., 1957 Trade Cases, ¶ 68,752.) They maintain, after pointing out that nolo plea......
  • DON GEORGE v. Paramount Pictures, Civ. No. 3050.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • 18 Septiembre 1951
    ...of Section 5 of the Clayton Act, 15 U.S.C.A. § 16, without quoting it. In keeping with DeLuxe Theatre Corp. v. Balaban & Katz, D.C.1951, 95 F. Supp. 983, paragraph 62790 of CCH Trade Regulations, we must consider the above consent decrees in the same category as final judgments as far as us......
  • Sun Theatre Corp. v. RKO Radio Pictures, 10934
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 22 Abril 1954
    ...Film Distributing Corp., 4 Cir., 201 F.2d 306, affirmed 346 U.S. 537, 74 S.Ct. 257; DeLuxe Theatre Corp. v. Balaban & Katz Corp., D.C., 95 F.Supp. 983, or to prove the fact of P's injury. Monticello Tobacco Co. v. American Tobacco Co., 2 Cir., 197 F.2d 629, certiorari denied 344 U.S. 875, 7......
  • United States v. American Radiator & Std. Sanitary Corp., Crim. A. No. 66-295.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • 19 Agosto 1968
    ...F.2d 412, C.A. 7, 1963, cert. den. 376 U.S. 939, 84 S.Ct. 794, 11 L.Ed.2d 659, 1964; Deluxe Theatre Corp. v. Balaban & Katz Corp. et al., 95 F.Supp. 983 (N.D.Ill.1951); Homewood Theatre Inc. v. Loew's, Inc., 110 F.Supp. 398 The Government's arguments are that a plea of guilty or a convictio......
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