Lawlor Et Al., Trading as Independent Poster Exchange, v. National Screen Service Corp.

Per Curiam:

We agree with the Court of Appeals that the motion for summary judgment should have been denied. However, in our view, this disposition of the case made it unnecessary for the Court of Appeals to pass on any other issue than that of the per se invalidity of exclusive contracts under the Sherman Act. In order that the District Court not be bound by the consideration the Court of Appeals gave to the remaining issues, and without reaching any of the same, we grant the petition for writ of certiorari, vacate the judgments, and remand the cause to the District Court for trial.

Mr. Justice Frankfurter, with whom Mr. Justice Burton and Mr. Justice Harlan join, has filed a dissent.