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CRIMPERS PROMOTIONS, INC. v. HOME BOX OFFICE, INC.

No. 81 Civ. 7325 (LBS).

554 F.Supp. 838 (1982)

CRIMPERS PROMOTIONS, INC., Plaintiff, v. HOME BOX OFFICE, INC. and Showtime Entertainment Corporation, Defendants.

United States District Court, S.D. New York.

December 30, 1982.

Attorney(s) appearing for the Case

Jerry I. Lefkowitz, Forest Hills, N.Y., for plaintiff.

Cravath, Swaine & Moore, New York City, for defendant Home Box Office Inc.; Robert D. Joffe, New York City, of counsel.

Hughes, Hubbard & Reed, New York City, for defendant Showtime Entertainment Corp.; John Donovan, New York City, of counsel.

OPINION

SAND, District Judge.

Defendants Home Box Office Inc. ("HBO") and Showtime Entertainment Corporation ("Showtime") move to dismiss the claims of plaintiff Crimpers Promotions Inc. ("Crimpers") pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Crimpers alleges violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, and Section 3 of the Clayton Act, 15 U.S.C. § 14, as well as...

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