EAGLE LION STUDIOS, INC., ET AL.
v.
LOEW'S INC. ET AL.

U.S. | 1958-11-24
No. 17
Mr. Justice Stewart took no part in the consideration or decision of this case.
358 U.S. 100 Supreme Court of the United States (1958) Caution
Also reported at: 3 L. Ed. 2d 147 · 79 S. Ct. 218 · 1958 U.S. LEXIS 1907 · SCDB 1958-139
Cited by 26 cases

Per_curiam
Per Curiam.

Per Curiam.

The judgment is affirmed by an equally divided Court.

Mr. Justice Stewart took no part in the consideration or decision of this case.


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  • Richfield OIL Corp. v. Karseal Corp., 271 F.2d 709 (9th Cir. 1959)
    …rior judgment is not to be accepted as conclusive proof of the conspiracy found; it is merely prima facie evidence against which defendant is entitled to his day in court for the purpose of rebuttal. * * In Eagle Lion Studios, Inc. v. Loew’s, Inc., 358 U.S. 100, 79 S.Ct. 218, 3 L.Ed. 2d 147, the Supreme Court had granted certiorari on the question, “Were findings in the government’s prior antitrust suit prima facie evidence under Section 5 of the Clayton Act of conspiracy against the plaintiffs,” but the S…
  • …American Tobacco Co., 197 F. 2d 629, 631 (2nd Cir., 1952), cert. denied, 344 U.S. 875, 73 S.Ct. 168, 97 L.Ed. 678. See, Eagle Lion Studios, Inc. v. Loew’s, Inc., 248 F. 2d 438, 444, 445 (2nd Cir., 1957), aff’d per curiam by an equally divided Court, 358 U.S. 100, 79 S.Ct. 218, 3 L.Ed.2d 147 (1958); Shotkin v. General Electric Co., 171 F. 2d 236, 238 (10th Cir., 1948). In short, before a plaintiff can invoke the mantle of Section 5 he must successfully meet both the statutory requirements of estoppel as well…
  • …ate suit, even though the period covered by each may differ. See, e. g., Park Neponset Corp. v. Smith, 258 F. 2d 452 (1st Cir. 1958); Eagle Lion Studios, Inc. v. Loew’s, Inc., 248 F. 2d 438, 442-445 (2d Cir. 1957), aff’d by an equally divided Court, 358 U.S. 100, 79 S.Ct. 218, 3 L.Ed.2d 147 (1958); Alamo Theatre Co. v. Loew’s Inc., 143 F.Supp. 419 (N.D.Ill.1956); Buckhead Theatre Co. v. Atlanta Enterprises, Inc., 327 F. 2d 365 (5th Cir.), cert. denied, 379 U.S. 888, 85 S.Ct. 158, 13 L.Ed.2d 92 (1964). Whi…

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