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BERTHA BLDG. CORP. v. NATIONAL THEATRES CORP.

Civ. Nos. 12073, 12074.

103 F.Supp. 712 (1952)

BERTHA BLDG. CORP. v. NATIONAL THEATRES CORP. GUMBINER THEATRICAL ENTERPRISES, Inc. v. NATIONAL THEATRES CORP.

United States District Court E. D. New York.

February 21, 1952.

Attorney(s) appearing for the Case

Dwight, Royall, Harris, Koegel & Caskey, New York City (Charles F. Young, New York City, of counsel), for plaintiffs.

Corcoran & Kostelanetz, New York City (Boris Kostelanetz and Rexford E. Tompkins, New York City, of counsel), for National Theatres Corp.

KENNEDY, District Judge.

These actions are brought under the antitrust laws of the United States. They were begun on September 5, 1951, and in both cases the defendant was served with process in the Southern District of New York. In neither case does the defendant do any business within the Eastern District of New York. But defendant is a foreign corporation licensed to do business within the state of New York.

Defendant moves pursuant to Section 12 of the...

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