The opinion of the court was delivered by: BARD
Plaintiffs filed a complaint praying for an injunction enjoining and restraining the defendants from releasing, delivering, or exhibiting certain feature motion pictures at the New Embassy Theatre in Atlantic City, New Jersey, prior to the showing of such pictures in the theatres operated by the plaintiffs at that place.
At the hearing for a preliminary injunction, after the plaintiffs concluded their testimony and rested their case, defendants moved for a dismissal. The Federal Rules of Civil Procedure, rule 41(b), 28 U.S.C.A. following section 723c, provide that this may be done "* * * on the ground that upon the facts and the law the plaintiff has shown no right to relief".
Argument on the motion to dismiss was heard immediately and the defendants raised the additional question of jurisdiction on the ground that some of the plaintiffs and one of the defendants were citizens of the same state. Whereupon the plaintiffs, over the objection of the defendants, moved to amend the bill by withdrawing therefrom, as one of the parties defendant, the Weland Theatre Co.
The three motions presented to the court will be considered.
I make the following special findings of fact:
1. The plaintiffs Harry I. Waxmann, Rose Waxman, Sylvia Waxman and Jack Waxman are citizens of Atlantic City, New Jersey.
2. The plaintiffs Emanuel O. Munzer and Sophia Munzer and citizens of Philadelphia, Pennsylvania.
3. The plaintiffs are a copartnership, trading as Hacco Theatres, operating Motion Picture Theatres in Atlantic City, New Jersey, and operate the Hollywood Theatre at 1527 Atlantic Avenue, the Astor Theatre at 619 Atlantic Avenue, and the Cinema Theatre at 1839 Atlantic Avenue.
4. The defendant Columbia Pictures Corporation is a corporation organized and existing under and by virtue of the laws of the State of New York, and is engaged in the business of producing and distributing motion pictures.
5. The defendant Columbia Pictures Corporation has an agent and transacts business in the City and County of Philadelphia, Pennsylvania.
6. The defendant Warner Bros. Circuit Management Corporation is a corporation organized and existing under and by virtue of the laws of the State of New York, and is engaged in the business of exhibiting motion pictures, and acts as a booking agent for the motion picture theatres owned and operated by the exhibition interest of Warner Bros. Pictures, Inc., and its subsidiary and associated companies. It has an agent and transacts business in the Eastern District of Pennsylvania, with offices in this District and State.
7. The defendant Weland Theatre Co. is a corporation organized and existing under and by virtue of the laws of the State of New Jersey, and is engaged in the business of operating a motion picture ...