Legal Opinion

Harmar Drive-in Theatre, Inc. v. Warner Bros. Pictures, Inc.

Court of Appeals for the Second Circuit

Decided December 28, 1956No. Nos. 38, 39, Dockets 24014, 24015PublishedCited by 17 opinions

1Opinion of the Court

SWAN, Circuit Judge.

These appeals bring up an order which denied, without opinion, a motion by defendants to disqualify the firm of Malkan & Ellner and the two lawyers constituting the firm, from appearing for or representing the plaintiffs in two actions each of which claimed treble damages for alleged violation of the anti-trust laws. In three prior appeals similar motions in other anti-trust suits have come before this court.1

Before reaching the merits it is necessary to consider whether the order is appealable. This question was not raised in the original briefs of the parties, but at the…

2Cases cited6 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Laskey Bros. Of W. Va., Inc. v. Warner Bros, Pictures, Inc. (In Dissolution), Austin Theatre, Inc. v. Warner Bros. Pictures, Inc. (In Dissolution)Court of Appeals for the Second Circuit · 1955
  3. Boston & Providence Railroad Corp. Stockholders v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1956
  4. Consolidated Theatres, Inc. v. Warner Bros. Circuit Management Corp.Court of Appeals for the Second Circuit · 1954
  5. Fisher Studio, Inc. And Robert v. Fisher, and David H. Isacson and Malkan & Isacson v. Loew's IncorporatedCourt of Appeals for the Second Circuit · 1956

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

3Cited by17 opinions

  1. Kathleen Hackett, on Behalf of Herself and All Others Similarly Situated v. General Host CorporationCourt of Appeals for the Third Circuit · 1972
  2. American Can Company v. Citrus Feed Co.Court of Appeals for the Fifth Circuit · 1971
  3. Peat, Marwick, Mitchell & Co. v. Los Angeles Rams Football Co.Court of Appeals of Maryland · 1978
  4. Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp.Court of Appeals for the Second Circuit · 1974
  5. Cannon v. US Acoustics CorporationDistrict Court, N.D. Illinois · 1975

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

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