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NORTH DRIVE-IN THEATRE CORP. v. PARK-IN THEATRES

Nos. 5507-5514.

248 F.2d 232 (1957)

NORTH DRIVE-IN THEATRE CORPORATION, Appellant and Cross-Appellee, v. PARK-IN THEATRES, Inc.; Park-In Theatres Company; Willis Warren Smith, Vigor Cranston Smith, Richard M. Hollingshead, Jr., Annie C. Boyle, Appellees and Cross-Appellants. DENVER DRIVE-IN THEATRE CORPORATION, Appellant and Cross-Appellee, v. PARK-IN THEATRES, Inc.; Park-In Theatres Company; Willis Warren Smith, Vigor Cranston Smith, Richard M. Hollingshead, Jr., Annie C. Boyle, Appellees and Cross-Appellants. SOUTH DRIVE-IN THEATRE CORPORATION, Appellant and Cross-Appellee, v. PARK-IN THEATRES, Inc.; Park-In Theatres Company; Willis Warren Smith, Vigor Cranston Smith, Richard M. Hollingshead, Jr., Annie C. Boyle, Appellees and Cross-Appellants. WEST DRIVE-IN THEATRE CORPORATION, Appellant and Cross-Appellee, v. PARK-IN THEATRES, Inc.; Park-In Theatres Company; Willis Warren Smith, Vigor Cranston Smith, Richard M. Hollingshead, Jr., Annie C. Boyle, Appellees and Cross-Appellants.

United States Court of Appeals Tenth Circuit.

August 22, 1957.

Attorney(s) appearing for the Case

William E. Doyle, Denver, Colo. (Stinson, Mag, Thomson, McEvers & Fizzell, John M. Phillips, Dick H. Woods, Kansas City, Mo., and H. B. Van Valkenburgh, III, Denver, Colo., appeared with him on the brief) for appellants and cross-appellees.

Leonard L. Kalish, Philadelphia, Pa., (Kenneth W. Robinson and Robert D. Charlton, Denver, Colo., appeared with him on the brief) for appellee and cross-appellant.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

In these consolidated suits to recover royalties on license agreements under a patent for a drive-in theatre, the licensees appealed from judgments for the licensor. Federal jurisdiction is based upon requisite diversity of citizenship and amount in controversy.

As the owner of the Hollingshead Patent for a drive-in theatre, the appellee, Park-In Theatres, Inc., entered into four separate license...

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