Legal Opinion

Bertha Bldg. Corp. v. National Theatres Corp.

District Court, E.D. New York

Decided February 21, 1952No. Civ. Nos. 12073, 12074Published

1Opinion of the Court

KENNEDY, District Judge.

’ These actions are brought under the antitrust laws of the United States. They were begun on September 5, 1951, and in both cases the defendant was served with process in the Southern District of New York. In neither case does the defendant do any business within the Eastern District of New York. But defendant is a foreign corporation licensed to do business within the state of New York.

Defendant moves pursuant to Section 12 of The Clayton Act, 15 U.S.C.A. § 22, for orders dismissing the actions on the ground *490of improper venue, or in the alternative for orders…

2Cases cited7 opinions

  1. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  2. Moss v. Atlantic Coast Line R. Co.Court of Appeals for the Second Circuit · 1945
  3. Auburn Capitol Theatre Corp. v. Schine Chain Theatres, Inc.District Court, S.D. New York · 1949
  4. Lipp v. National Screen Service Corp.District Court, E.D. Pennsylvania · 1950
  5. Kibler v. Transcontinental & Western Air, Inc.District Court, E.D. New York · 1945

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