Legal Opinion

Bertha Building Corporation v. National Theatres Corporation, Gumbiner Theatrical Enterprises, Inc. v. National Theatres Corporation

Court of Appeals for the Second Circuit

Decided November 7, 1957No. 24254_1PublishedCited by 78 opinions

1Opinion of the Court

HINCKS, Circuit Judge.

These are appeals by the plaintiffs from judgments of Judge Galston, dismissing the complaints in two actions to recover treble damages under the Sherman Act, 15 U.S.C.A. §§ 1-7, 15 note. The only question presented is whether the actions were barred by the Statute of Limitations. In that connection, the crucial question is this: Was it proper for the judge instead of a jury to decide whether the defendant could have been sued in the Southern District of California between. July 20, 1935 and July 20, 1938? This is critical because upon it depends the question whether the…

2Cases cited8 opinions

  1. Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953
  2. Ring v. SpinaCourt of Appeals for the Second Circuit · 1948
  3. Giusti v. Pyrotechnic Industries, Inc.Court of Appeals for the Ninth Circuit · 1946
  4. Independent Productions Corp. v. Loew's, IncorporatedDistrict Court, S.D. New York · 1957
  5. Banister v. SolomonCourt of Appeals for the Second Circuit · 1942

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3Cited by78 opinions

  1. Piedmont Label Company v. Sun Garden Packing CompanyCourt of Appeals for the Ninth Circuit · 1979
  2. Lehigh Valley Industries, Inc., and Lehigh Colonial Corporation, Vsv. Norman Birenbaum, and David BirenbaumCourt of Appeals for the Second Circuit · 1975
  3. Leasco Data Processing Equipment Corp. v. MaxwellCourt of Appeals for the Second Circuit · 1972
  4. Prc Harris, Inc. v. The Boeing CompanyCourt of Appeals for the Second Circuit · 1983
  5. Martin Katz and Louana Katz v. The Goodyear Tire and Rubber CompanyCourt of Appeals for the Second Circuit · 1984

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

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