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Defendant-third-party-plaintiff-appellant Leisure Time Productions, B.V. ("Leisure Time") appeals from a summary judgment entered on March 24, 1993 in the United States District Court for the Southern District of New York (Edelstein, J.) in favor of plaintiff-appellee Tri-Star Pictures, Inc. ("Tri-Star") in an action brought under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 & 2202, declaring the contract for distribution of Leisure Time's motion picture 40*40 terminated, and dismissing Leisure Time's counterclaims for breach of contract and unfair competition. The district court also dismissed third-party claims by Leisure Time against Columbia Pictures Industries, Inc. ("CPII") and Columbia Pictures Entertainment, Inc. ("CPEI") to recover for unfair competition. Tri-Star brought the action to declare terminated a distribution agreement ("Distribution Agreement") it had entered into with Leisure Time for the distribution of a motion picture produced by Leisure Time. On appeal, Leisure Time primarily contends that the district court erred in granting summary judgment because it failed to consider certain provisions of the distribution agreement in determining whether genuine issues of material fact were presented. For the reasons that follow, we affirm.


17 F.3d 38 (1994)

TRI-STAR PICTURES, INC., Plaintiff-Appellee,


LEISURE TIME PRODUCTIONS, B.V., Defendant-Appellant.

LEISURE TIME PRODUCTIONS, B.V., Third-Party Plaintiff-Appellant,


COLUMBIA PICTURES INDUSTRIES, INC. and Columbia Pictures Entertainment, Inc., Third-Party-Defendants-Appellees, Horizon Pictures, G.B.; Academy Pictures, A.G.; David N. Bottoms and Hon. Raya S. Dreben, as Executors of the Estate of Samuel Speigel, Third-Party Defendants.

No. 375, Docket 93-7361.

United States Court of Appeals, Second Circuit.

Argued October 6, 1993.

Decided February 17, 1994.

New York Law School location: File #1779, Box #132