Viking Theatre Corp. v. Paramount Film Distributing Corp‪.‬

Before: BIGGS, Chief Judge, GANEY and SMITH, Circuit Judges. Opinion of the Court SMITH, Circuit Judge: This is an action under the antitrust laws, and particularly under Sections 4 and 16 of the Clayton Act, 15 U.S.C.A., 15 and 26. The plaintiff is the owner and operator of a first-run motion picture theatre1 located in downtown Philadelphia. The defendants are three exhibitors,2 whose theatres are in competition with that of the plaintiff, and six major distributors3 of motion pictures. The complaint alleges generally that during the period here in question the defendants were engaged in a conspiracy to restrain trade in violation of Section 1 of the Sherman Act, 15 U.S.C.A. 1; the allegation is denied in the answers.