Legal Opinion

Fifth & Walnut, Inc. v. Loew's, Inc.

District Court, S.D. New York

Decided January 23, 1948PublishedCited by 24 opinions

1Opinion of the Court

RYAN, District Judge.

All eleven defendants move to dismiss the complaint without prejudice.

The stated grounds of the motion are that “a fairer determination of the issues would be had, at greater convenience to this Court, to the parties and to the witnesses and personnel most directly concerned with this action, if the action were brought in Louisville, Kentucky in the District Court for the Western District of Kentucky.”

This action is brought by plaintiffs under the “Sherman Act,” 15 U.S.C.A. §§ 1 to 7, inclusive, and the “Clayton Act,” 15 U.S.C.A. §§ 12 to 17, inclusive.

Plaintiff, Fifth…

2Cases cited15 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  3. Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
  4. Eastman Kodak Co. v. Southern Photo Materials Co.Supreme Court of the United States · 1927
  5. Baltimore & Ohio Railroad v. KepnerSupreme Court of the United States · 1941

10 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi v. Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1987
  2. Bell v. Louisville & NashVille RailroadIllinois Supreme Court · 1985
  3. Marchman v. NCNB Texas National BankNew Mexico Supreme Court · 1995
  4. Sun Theatre Corp. v. RKO Radio Pictures, Inc.Court of Appeals for the Seventh Circuit · 1954
  5. Wilburn v. WilburnDistrict of Columbia Court of Appeals · 1963

19 more not listed; retrieve them via the Exa API.

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