Legal Opinion

Schwartz v. Broadcast Music, Inc.

District Court, S.D. New York

Decided December 7, 1959PublishedCited by 27 opinions

1Opinion of the Court

WEINFELD, District Judge.

This is a motion by the defendants for summary judgment in a private antitrust suit brought under sections 4, 12 and 16 of the Clayton Act. 1 The motion is based solely on plaintiffs’ alleged lack of standing to sue and hence the merits of the action are not involved.

Alternatively, the defendants seek partial summary judgment, should the Court conclude that plaintiffs are entitled • to maintain this action as to some, but not all, of their claims for damages. Finally, the defendants move, should the Court conclude that issues of fact exist as to material matters…

2Cases cited38 opinions

  1. Associated Press v. United StatesSupreme Court of the United States · 1945
  2. Associated Press v. United StatesSupreme Court of the United States · 1945
  3. American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
  4. Associated Press v. National Labor Relations BoardSupreme Court of the United States · 1937
  5. Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908

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3Cited by27 opinions

  1. Billy Baxter, Inc. v. The Coca-Cola Company and Cana Da Dry CorporationCourt of Appeals for the Second Circuit · 1970
  2. Waldron v. British Petroleum Co.District Court, S.D. New York · 1964
  3. United States v. American Society of Composers, Authors and Publishers, Metromedia, Inc.Court of Appeals for the Second Circuit · 1965
  4. TB Harms Company v. EliscuDistrict Court, S.D. New York · 1964
  5. VTR, INCORPORATED v. Goodyear Tire & Rubber CompanyDistrict Court, S.D. New York · 1969

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