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PARK-IN THEATRES v. PARAMOUNT-RICHARDS THEATRES

Civ. A. No. 1072.

90 F.Supp. 727 (1950)

PARK-IN THEATRES, Inc. v. PARAMOUNT-RICHARDS THEATRES, Inc., et al.

United States District Court D. Delaware.

April 14, 1950.

Attorney(s) appearing for the Case

Arthur G. Connolly, of Wilmington, Del., Richardson Dilworth and Leonard L. Kalish, of Philadelphia, Pa., for plaintiff.

William S. Potter and James L. Latchum (Southerland, Berl & Potter), of Wilmington, Del., Charles R. Fenwick and Thomas B. Van Poole (Mason, Fenwick & Lawrence), of Washington, D. C., for defendants.

RODNEY, District Judge.

This opinion covers but one of a number of motions currently pending. The general nature of the action is stated in the opinion of the court reported in D. C., 81 F.Supp. 466.

The present question concerns a motion to dismiss the second cause of action for failure to state a claim upon which relief can be granted.1 Tersely...

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