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COMMONWEALTH AMUSE. ENTER. v. COLONIAL THEATRES CO.

No. 6532.

79 F.Supp. 763 (1937)

COMMONWEALTH AMUSEMENT ENTERPRISES, Inc. v. COLONIAL THEATRES CO., Inc. et al.

United States District Court D. Massachusetts.

March 19, 1937.

Attorney(s) appearing for the Case

George S. Ryan and David M. Watchmaker, both of Boston, Mass., for plaintiff.

Edward F. McClennen and Jacob J. Kaplan and Nutter, McClennen & Fish, all of Boston, Mass., for defendants Vitaphone Distributing Corporation, First National Pictures Distributing Corporation, Universal Film Exchange, Inc., United Artists Corporation, R. K. O. Distributing Corporation, Vitagraph, Inc., Fox Film Corporation, Metro Goldwyn Mayer Distributing Corporation, and Paramount Pictures Distributing Co., Inc.

Daniel A. Canning and Frank W. Crocker, Ropes, Gray, Best, Coolidge & Rugg, Edward F. McClennen, Jacob J. Kaplan and Nutter, McClennen & Fish, all of Boston, Mass., for defendant Columbia Pictures Corporation.

Joseph S. O'Neill, Dolan, Morse & Stebbins, and Dolan, O'Neill & Balch, all of Boston, Mass., and O'Brien, Driscoll & Raftery, of New York City, for defendant Colonial Theatres Co., Inc.

SWEENEY, District Judge.

The plaintiff has sued the defendant, Colonial Theatres Company, Inc., and others, under the antitrust laws of the United States. The defendant has filed a plea in abatement and a motion to dismiss, both denying the jurisdiction of this Court over this defendant. The plaintiff contends that jurisdiction lies under 15 U.S.C.A. § 22, section 12 of the Clayton Act.

The plaintiff is a corporation with a principal place of business...

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