FIFTH & WALNUT, INC. ET AL.

v.

LOEW'S INC. ET AL.

Citator

Cited By

• Milgram v. Loew's, Inc., 192 F.2d 579 (3d Cir. 1951)
  …e distributor-defendants have cited Westway Theatre v. Twentieth Century-Fox Film Corp., D.C.1940, 30 F.Supp. 830, affirmed 4 Cir., 1940, 113 F. 2d 932, and Fifth & Walnut, Inc., v. Loew’s, Inc., 2 Cir., 1949, 170 F. 2d 587, certiorari denied, 1949, 338 U.S. 894, 70 S.Ct. 242, 94 L.Ed. 549. In the former case, there was a finding by the judge of no conspiracy. In the latter, the same issue was submitted to a jury, which returned a verdict for the defendants distributors. Thus, in each case the Court of Appe…
• Int'l Shoe Mach. Corp. v. United Shoe Mach. Corp., 315 F.2d 449 (1st Cir. 1963)
  …cated that recourse should be had to the principles of collateral estoppel in ascertaining the issues on which the prior judgment is evidence. See also, Fifth and Walnut, Inc. v. Loew’s Incorporated, 176 F. 2d 587, 593 (2nd Cir., 1949), cert. denied 338 U.S. 894, 70 S.Ct. 242, 94 L. Ed. 549. In effect, under traditional principles, the evidentiary impact of Section 5 should be limited to those issues which were “actually litigated and determined” by the judgment or decree in the prior case. See Restatement,…
• Sun Theatre Corp. v. Rko Radio Pictures, Inc., 213 F.2d 284 (7th Cir. 1954)
  …rden of proof. He can derive no benefit fro,m the -pendency of the government’s suit until a final decree has been entered therein. Fifth & Walnut, Inc., v. Loew’s Incorporated, D.C., 76 F.Supp. 64, affirmed 2 Cir., 176 F. 2d 587, certiorari denied 338 U.S. 894, 70 S.Ct. 242, 94 L.Ed. 549. If, however, P awaits the "outcome of the government suit before filing his action, he will receive the evidentiary benefits provided by Section 5. While we are concerned with the tolling provisions of the second paragr…