Legal Opinion

Milgram v. Loew's, Inc. (Hamilton Street Realty Company, Intervenors)

Court of Appeals for the Third Circuit

Decided December 18, 1951No. 10441_1PublishedCited by 80 opinions

1Opinion of the Court

STALEY, Circuit Judge.

Plaintiff, a partnership, owns and operates a newly constructed drive-in theater in Allentown, Pennsylvania. It commenced this action against the eight major distributors1 of feature motion pictures, alleging that they had conspired to refuse to license features on the first run to plaintiff’s drive-in. The case was tried to the court. The district judge found that the uniform refusal of all eight distributors to license first run films to plaintiff was the result of concerted action. This was held to be an unreasonable restraint of trade in violation of the anti-trust…

2Cases cited16 opinions

  1. United States v. Paramount Pictures, Inc.Supreme Court of the United States · 1948
  2. Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
  3. United States v. Paramount Pictures, Inc.District Court, S.D. New York · 1946
  4. William Goldman Theatres, Inc. v. Loew's, Inc.Court of Appeals for the Third Circuit · 1945
  5. United States v. Paramount Pictures, Inc.District Court, S.D. New York · 1949

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3Cited by80 opinions

  1. T. C. Theatre Corp. v. Warner Bros. Pictures, Inc.District Court, S.D. New York · 1953
  2. Elliot Fineman the Industry Network System, Inc. v. Armstrong World Industries, Inc.Court of Appeals for the Third Circuit · 1992
  3. Frank Coughlin, Padre Concrete Corporation, A. W. Van Cleave, Jr. And Allied Crushed Stone Company v. Capitol Cement Co.Court of Appeals for the Fifth Circuit · 1978
  4. In Re Baby Food Antitrust Litigation Jacob Blinder & Sons, Inc., Wiseway Super Food Center, Inc., Super Center, Inc., United Brothers Finer Foods, Inc., L.L. Harris Wholesale Grocery, Peter J. Schmitt & Co., 3932 Church Street Supermarket, Inc., Arleen Food Products Co., Inc., Rubin Brooks and Sons, Inc., (d.c. Civil No. 92-Cv-05495). Jacob Blinder & Sons, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) Fka Beech-Nut-Nutrition Fka Beech-Nut Foods Corporation (Now Dissolved) Fka Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) Fka Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 92-Cv-05495). Peter J. Schmitt Co., on Behalf of Itself v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00047). Wiseway Super Food Center, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00048). Super Center, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00049). United Brothers Finer Foods, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00050). L.L. Harris Wholesale Grocery, a Partnership, on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition Corporation (Now Dissolved) AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bnc Corporation, AKA Beech-Nut Corporation (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00051). 3932 Church Street Supermarket, Inc., an Illinois Corporation, on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech Nut Foods Corporation, and Beech Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-0320). Arleen Food Products Co., Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech-Nut Foods Corporation, and Beech-Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-0407). Rubin Brooks and Sons, Inc., on Behalf of Himself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech-Nut Foods Corporation and Beech-Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00802). Jacob Blinder & Sons, Inc., Wiseway Super Food Center, Inc., Super Center, Inc., United Brothers Finer Foods, Inc., L.L. Harris Wholesale Grocery, Peter J. Schmitt & Co., 3932 Church Street Supermarket, Inc., Arleen Food Products Co., Inc., Rubin Brooks and Sons, Inc., in No. 98-5125Court of Appeals for the Third Circuit · 1999
  5. Overseas Motors, Inc. v. Import Motors Limited, Inc.District Court, E.D. Michigan · 1974

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