Legal Opinion
Bertha Building Corporation v. National Theatres Corporation
Court of Appeals for the Second Circuit
Decided August 24, 1959No. 25485_1PublishedCited by 46 opinions
1Opinion of the Court
SWAN, Circuit Judge.
National Theatres Corporation has appealed from an order which denied its motion for summary judgment in this action for treble damages under section 4 of the Clayton Act, 15 U.S.C.A. § 15. The motion was based on the ground that the New York three year statute of limitations, prescribed by § 49, subd. 3 of the Civil Practice Act, barred the action. Without reaching the merits of the motion, Judge Zavatt denied it on the theory that defendant was precluded from relying on the three year statute by the doctrine of “the law of the case.” His opinion is reported in 166…
2Cases cited16 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Chattanooga Foundry & Pipe Works v. City of AtlantaSupreme Court of the United States · 1906
- Cope v. AndersonSupreme Court of the United States · 1947
- Rawlings v. RaySupreme Court of the United States · 1941
- Dictograph Products Company, Inc. v. Sonotone Corporation, Emil Henry Greibach and S. Michael PinelesCourt of Appeals for the Second Circuit · 1956
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Moviecolor Limited v. Eastman Kodak Company, Technicolor, Inc. And Technicolor Motion Picture CorporationCourt of Appeals for the Second Circuit · 1961
- Russell M. Smith v. John J. Cremins, Jr., John F. Mahon, Jr.Court of Appeals for the Ninth Circuit · 1962
- Donald A. Swan v. Board of Higher Education of the City of New York by Gustave G. Rosenberg, Its Chairman, George A. Pierson, and Margaret v. KielyCourt of Appeals for the Second Circuit · 1963
- Jim Beard and Hubbard Beard v. Melvin StephensCourt of Appeals for the Fifth Circuit · 1967
- Sierra Club v. Chevron U.S.A., Inc.Court of Appeals for the Ninth Circuit · 1987
41 more not listed; retrieve them via the Exa API.