Eagle Lion Studios Inc. v. Loew's Inc‪.‬

Before: CLARK, Chief Judge, and HINCKS and WATERMAN.1 Circuit Judges. WATERMAN, Circuit Judge: The appellants, four affiliated corporations formerly engaged in the production and distribution of motion pictures, appeal from a judgment dismissing their complaint after a trial before the Court without a jury. 141 F.Supp. 658 (S.D.N.Y. 1956). The appellants had brought suit against Loew's, Inc., RKO Theares, Inc., and RKO Film Booking Corp., the appellees, to recover treble damages under the anti-trust laws, 15 U.S.C.A. §§ 1, 2, 15. These defendants, during the period in issue, were engaged in the exhibition of motion pictures. The complaint, insofar as it concerned the appellees, set forth a claim for damages for losses allegedly resulting from a conspiracy to exclude the plaintiffs during the period 1946-1950 from licensing their films on a competitive basis to the ""first subsequent run"" theatres of Loew's and RKO in the metropolitan area of New York City.2