Epstein Secrets

). CONCLUSION In view of the foregoing, we dismiss the appeal for lack of jurisdiction. NATIONAL INDEPENDENT THEATRE EXHIBITORS, INC., Plaintiff, James T. Patterson, Sr., individually and d/b/a/ Screen Advertising Film Fund, Plaintiff-Appellant, v. BUENA VISTA DISTRIBUTION COMPANY, et al., Defendants-Appellees

NT THEATRE EXHIBITORS, INC., Plaintiff, James T. Patterson, Sr., individually and d/b/a/ Screen Advertising

Page 9 91 F.3d 385, *; 1996 U.S. App. LEXIS 19807, **; 35 Fed. R. Serv. 3d (Callaghan) 1352 Finally, the district court's order is not immediately appealable [HN5] under the "collateral order" exception to the final ju

duction of high quality films, NITE's board of directors, in April 1977, created a "Film Fund," to which its members could make donations, and gave Patterson the job of soliciting their contributions. He, in r 41 turn, devised the following plan. NITE's member theatres would show several minutes of on-sc

, 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

or "secondary" financial injury from antitrust violations, but they are not the target of the anticompetitive practices. Jeffrey, 518 F.2d at 1131. Patterson ["6O9] plainly lacked standing to sue the defendants in this case. IV. SAFFCO and Patterson contend that the district court erred in ruling on a va

Page 18 748 F.2d 602, *; 1984 U.S. App. LEXIS 15990, **; 1984-2 Trade Cas. (CCH) P66,311; 40 Fed. R. Serv. 2d (Callaghan) 954 business. Midwestern Waffles, 734 F.2d at 710-11; Pitchford v. Pepi, Inc., 531 F.2d 92, 97-98 (3d Cir. 1975), cert. denied, 426

arate itself from SAFFCO and NITE in order to save its business. These efforts came too late, and in 1978 Cinemavision went out of business. NITE, Patterson, and SAFFCO, invoking section 4 of the Clayton Act, 15 U.S.C. § 15 (1982), brought this private anti-trust action against the eight defendant film d

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

duction of high quality films, NITE's board of directors, in April 1977, created a "Film Fund," to which its members could make donations, and gave Patterson the job of soliciting their contributions. He, in ['* 4] turn, devised the following plan. NITE's member theatres would show several minutes of on-

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

nducting the corporation's litigation. It protects the court and the public from unscrupulous and irresponsible behavior. In this case, for example, Patterson continually made unwarranted personal attacks on the court and opposing counsel, repeatedly misled the court as to the state of the record, and rai

Page 19 748 F.2d 602, *; 1984 U.S. App. LEXIS 15990, **; 1984-2 Trade Cas. (CCH) P66,311; 40 Fed. R. Serv. 2d (Callaghan) 954 legal counsel. Southwest Express Co., Inc. v. Interstate Commerce Commission, 670 F.2d 53, 55 (5th Cir.1982); K.M.A., Inc. v. G

Cir.1978); Fontana v. United Bonding Insurance Co., 468 F.2d 168, 170 (3d Cir.1972). In this case, the district court refused substitution because Patterson's participation had been and would continue to be highly disruptive of the orderly administration of the litigation. We find no abuse of discretion

Page 20 748 F.2d 602, *; 1984 U.S. App. LEXIS 15990, **; 1984-2 Trade Cas. (CCH) P66,311; 40 Fed. R. Serv. 2d (Callaghan) 954 [HN11] The decision whether to allow substitution is discretionary. Collateral Control Corp. v. Deal (In re Covington Grain Co.