Legal Opinion

Binderup v. Pathe Exchange, Inc.

Supreme Court of the United States

Decided November 19, 1923No. 77PublishedCited by 332 opinions

RROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. • Error to a judgment of the Circuit Court of Appeals affirming, for want of jurisdiction in the District Court, a-judgment of the latter whictrdismissed, upon a directed verdict, an action-for damages under § 7 of the Sherman Act.

Read the full summary

RROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. • Error to a judgment of the Circuit Court of Appeals affirming, for want of jurisdiction in the District Court, a-judgment of the latter whictrdismissed, upon a directed verdict, an action-for damages under § 7 of the Sherman Act. The court below overlooked the following allegations of the complaint: That the usual course of business was for the contracts to be made in New York prior to the time the films left the New York factories; that after the films reached the Omaha agents, they continued to move from exhibitor to exhibitor…

1Opinion of the Court

. Mr. Justice Sutherland

delivered the opinion of the Court.

This action was brought under the provisions of § 7 of the Act of Congress of July 2,-1890, commonly called the Anti-Trust Act, c, 647, 26 Stat. 210. The complaint is long, but the allegations necessary to be considered here may be summarized as follows

Plaintiff in error, a resident of the State of Nebraska, hereafter called' the “ exhibitor,” owned a moving picture theater at Minden, in that State, and operated as lessee theaters in other places, to all of which, including his own, he supplied moving picture films and advertís- ing…

2Cases cited29 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  2. The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
  3. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  4. Stafford v. WallaceSupreme Court of the United States · 1922
  5. Fauntleroy v. LumSupreme Court of the United States · 1908

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

3Cited by332 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944
  5. Langnes v. GreenSupreme Court of the United States · 1931

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API