Summary
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 Supreme Court affirmed the lower court (248 F.2d 438), per curiam by an evenly divided court.
Summary of this case from Richfield Oil Corporation v. Karseal Corp.Opinion
No. 17.
Argued November 10, 12, 1958. Decided November 24, 1958.
248 F.2d 438, affirmed by an equally divided Court.
William L. McGovern argued the cause for petitioners. With him on the brief were Norman Diamond, Abe Krash and Seymour Krieger.
S. Hazard Gillespie, Jr. argued the cause for Loew's Incorporated, respondent. With him on the brief was Henry L. King.
Edward C. Raftery argued the cause for RKO Theatres, Inc., et al., respondents. With him on the brief was George A. Raftery.
Oscar H. Davis, then Acting Solicitor General, Assistant Attorney General Hansen and Henry Geller filed a brief for the United States, as amicus curiae.
The judgment is affirmed by an equally divided Court.
MR. JUSTICE STEWART took no part in the consideration or decision of this case.