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FULTON v. LOEW'S, INC.

No. KC-199.

114 F.Supp. 676 (1953)

FULTON v. LOEW'S, Inc. et al.

United States District Court D. Kansas.

As Amended September 16, 1953.

Attorney(s) appearing for the Case

William G. Boatright, Kansas City, Mo., Willard L. Phillips, and Thos. M. Van Cleave (of McAnany, Van Cleave & Phillips), Kansas City, Kan., and Nick C. Spanos, Beverly Hills, Cal., for plaintiff.

James C. Wilson (of Watson, Ess, Whittaker, Marshall & Enggas), Kansas City, Mo., and Louis R. Gates, Kansas City, Kan., for defendants.

MELLOTT, Chief Judge.

The present issue, tried to the court under Rule 43(b), Fed.Rules Civ.Proc., 28 U.S.C.A., and involving no factual controversy, requires determination of two basic questions: (1) May the corporate defendants, in this suit under the Sherman and Clayton Anti-Trust Acts,1 avail themselves of the Kansas statutes of limitation, if applicable? and (2) What is the period of limitation under the facts pleaded?

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