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BERTHA BUILDING CORP. v. NATIONAL THEATRES CORP.

Civ. Nos. 12073, 12074.

140 F.Supp. 909 (1956)

BERTHA BUILDING CORPORATION, Plaintiff, v. NATIONAL THEATRES CORPORATION, Defendant. GUMBINER THEATRICAL ENTERPRISES, Inc., Plaintiff, v. NATIONAL THEATRES CORPORATION, Defendant.

United States District Court E. D. New York.

March 28, 1956.

Attorney(s) appearing for the Case

Corcoran, Kostelanetz & Gladstone, New York City, Boris Kostelanetz, Theodore E. Gladstone, Francis J. Mulderig, New York City, of counsel, for plaintiff.

Dwight, Royall, Harris, Koegel & Caskey, New York City, Frederick W. R. Pride, Charles F. Young, Stanley Godofsky, New York City, of counsel, for defendant.

GALSTON, District Judge.

Pursuant to an order dated June 25, 1954 of Judge Rayfiel, a separate trial on the issue of the statute of limitations was conducted in two actions brought under the Clayton Act, 15 U.S.C.A. § 12 et seq., against the defendant National Theatres Corporation. The actions were tried together. At the time of trial motions were made pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for judgment on the pleadings....

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