Brief for the United States (1914)

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I'.MM I. 5 mnii Kodak ('(>., Ilic (Hily iiia iiu r.-ict ii i-ci' in tli(» riiitcd Slates oi' liliii for llic iiiolioii picture eamei'a,tliat tlie Mastiiiaii K nda k < '( ». \\< h i Id not t'liniisli (ilm to any niann fact n rer imt ineliidecl in the eonihination. Tins anTeenient, altlion^li no loiiLicr ohserx'ed, was enforced for several yeai's after IDOS. (9) Instead ot* sellini; the lihns outright, as had been the custom in the trade precediut; the I'oniiation of the eoinbiiiatioii, the manufactiirers a(l(>i)ted the uiiit'oriu inetliod of h'asiiii; tlie films in order that, by writs of replevin, they might summarily recover possession of the same if the exchangeman or exhibitor violated any of the restrictions imposed by the combination. Hundreds of replevin suits have been brought as a means of terrorizing exchanges and exhibitors and compelling them to observe the rules against distributing or displaying independent pictures. (10) Having proceeded for 18 months along the lines above indicated, the defendants formed their own distributing agency, the General Film Co. Within a few months after the formation of this company it became and now remains the sole distributing agency of the defendants. The defendants accomplished this result in part by buying, in the name of the agency, 68 of the exchanges and in part by withholding supplies from other exchanges so that they w^ere compelled to go out of business. Of 116 exchanges handling the products of defendants in 1909, one survives.