Selma Steiner v. 20Th Century-Fox Film Book Reviews

Selma Steiner v. 20Th Century-Fox Film by United States Court of Appeals for the Ninth Circuit Book Summary

MCLAUGHLIN, District Judge: This is a private Clayton Act action in which United States v. Paramount, Inc., et al., 334 U.S. 131 (1948), is relied upon. Appellant sued 20th Century-Fox Film Corporation, Fox West Coast Theatres Corporation, Avenue Fifty-Eight and Pasadena Corporation, National Theatres Corporation, Mark M. Hansen, and Ida R. Hansen for conspiring to violate Sections 1 and 2 of the Sherman Act, 26 Stat. 209 (1890), as amended 50 Stat. 693, 15 U.S.C. ?? 1, 2, and Section 4 of the Clayton Act, 38 Stat. 731 (1914), 15 U.S.C. 15. Appellant owned a motion picture theatre in Los Angeles, California. The complaint alleges that the defendants combined and conspired to force appellant to receive less than the rental value of the premises, obtained options to renew the lease without adequate consideration, and closed the theatre in favor of other theatres operated by the appellees. The trial court dismissed the complaint as to 20th Century-Fox Film Corporation, Fox West Coast Theatres Corporation Avenue Fifty-Eight and Pasadena Corporation, and National Theatres Corporation. The dismissal was on the ground that the statute of limitations barred the action. Appellants case against the Hansens, who filed no motion to dismiss, is still pending. The trial court applied Rule 54(b) to its judgment in favor of the dismissed defendants, and this appeal was taken.

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