Epstein Secrets

ertising, for the sale of advertising space on NITE's members' movie screens. The contract provided that at least fifty percent of the net revenues Cinemavision collected from its advertisers for the participating theatres would ['.5] be paid directly to the Film Fund. The contract required NITE to use its

, Defendants-Appellees. Docket No. 95-7925 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 91 F.3d 385; 1996 U.S. App. LEXIS 19807; 35 Fed. R. Serv. 3d (Callaghan) 1352 April 19, 1996, Argued August 7, 1996, Decided For internal use only SDNY_GM_00057306 CONFIDENTIAL — PURSUANT TO FED. R.CO

part argument. First, the distributors ("13] noted that SAFFCO failed to obtain contributions from exhibitor on-screen advertising revenues because Cinemavision collapsed and that Cinemavision collapsed because it could not persuade anyone to advertise on its network of theatre screens. Second, they pointed

Page 16 748 F.2d 602, *; 1984 U.S. App. LEXIS 15990, **; 1984-2 Trade Cas. (CCH) P66,311; 40 Fed. R. Serv. 2d (Callaghan) 954 [HN2] The prerequisites to a private cause of action under section 4 of the Clayton Act are well established: the plaintiff mus

ies, numerous theatre exhibitors withdrew from the NITE program; they could not afford to lose their principal sources of supply. At the same time, Cinemavision tried to separate itself from SAFFCO and NITE in order to save its business. These efforts came too late, and in 1978 Cinemavision went out of busi

Page 15 748 F.2d 602, *; 1984 U.S. App. LEXIS 15990, **; 1984-2 Trade Cas. (CCH) P66,311; 40 Fed. R. Serv. 2d (Callaghan) 954 On November 22, 1977, Warner Brothers mailed out bid solicitations for "Superman," one of the most commercially important movie

ertising, for the sale of advertising space on NITE's members' movie screens. The contract provided that at least fifty percent of the net revenues Cinemavision collected from its advertisers for the participating theatres would ["5] be paid directly to the Film Fund. The contract required NITE to use its b

Page 13 748 F.2d 602, *; 1984 U.S. App. LEXIS 15990, **; 1984-2 Trade Cas. (CCH) P66,311; 40 Fed. R. Serv. 2d (Callaghan) 954 National Independent Theatre Exhibitors, Inc. (NITE) is a trade association of independent movie theatre exhibitors who own and