James A. Mulvey v. Samuel Goldwyn Productions

Appellant James A. Mulvey appeals from a judgment dismissing from his complaint his first claim for relief brought under section 4 of the Clayton Act, 15 U.S.C. § 15 , charging appellees with violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 , 2, thereby causing a diminution of the value of his contractual rights in five motion picture films. Judgment was entered after Goldwyn successfully moved for summary judgment on that claim.

The following facts are undisputed. On December 28, 1948, Mulvey, the solé owner of the motion picture “Pride of the Yankees” (hereinafter “Pride”), sold his entire interest to Samuel Goldwyn Productions, Inc., for $1,500,000. By the terms of their agreement, the Goldwyn corporation was to pay Mulvey $100,000 down and the balance in semiannual payments equal to 82 /2 percent of the net receipts generated by the film’s distribution. However, if the percentage Mulvey was entitled to receive should not aggregate $1,500,000 by September 30, 1973, the parties agreed to reduce the purchase price to the total sum of the receipts then due to Mulvey.

On September 8, 1951, Mulvey transferred his undivided 10 percent interest in four other motion…