H. B. Marienelli, Ltd. v. United Booking Offices of America
District Court, S.D. New York
At Daw. Action by H. B. Marienelli, limited, against the United Booking Offices of America and others. On demurrer to the complaint. This is a demurrer to a complaint at law for damages under the Sherman Act.
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At Daw. Action by H. B. Marienelli, limited, against the United Booking Offices of America and others. On demurrer to the complaint. This is a demurrer to a complaint at law for damages under the Sherman Act. Its general outline is as follows: The individual defendants collectively own many vaudeville theaters scattered over the United States, which are, roughly, arranged in two circuits — an Eastern circuit, comprising those owned by one set of the defendants, and with other theaters known as the “Keith circuit,” and a Western circuit, comprising those owned by other defendants, and with…
1Opinion of the Court
LEARNED HAND, District Judge.
[1] The combination or conspiracy is alleged to be in restraint of the defendants’ business, and the first inquiry must be of the nature of the business. Undeniably certain aspects of the business are interstate commerce, as, for instance, the contracts made by the booking companies under which the performers must go from state to- state, throughout the circuit, acting here and there, and fulfilling their contracts as much by the travel as by the acting. Since Hoke v. United States, 227 U. S. 308, 33 Sup. Ct. 281, 57 L. Ed. 523, 43 L. R. A. (N. S.) 906, Ann. Cas.…
2Cases cited17 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- Swift & Co. v. United StatesSupreme Court of the United States · 1905
- Nash v. United StatesSupreme Court of the United States · 1913
- The Minnesota Rate CasesSupreme Court of the United States · 1913
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3Cited by13 opinions
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- Philadelphia World Hockey Club, Inc. v. Philadelphia Hockey Club, Inc.District Court, E.D. Pennsylvania · 1972
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
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