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TCF FILM CORPORATION v. GOURLEY

No. 11937.

240 F.2d 711 (1957)

TCF FILM CORPORATION, Paramount Pictures, Inc., United Artists Corporation, Columbia Pictures Corporation, Loew's Incorporated, Universal Film Exchanges, Inc., Monogram Pictures, Inc., Alexander Theatre Supply, Inc., and RKO Teleradio Pictures, Inc., Petitioners, v. The Honorable Wallace S. GOURLEY, Chief Judge of the United District Court for the Western District of Pennsylvania, Respondent and Warner Bros. Pictures Distributing Corporation, Warner Theatres, Inc., and Erie Amusement Company (Intervenor-Petitioners) United Exhibitors, Inc., and Penn State Theatre (Intervenor-Respondents).

United States Court of Appeals Third Circuit.

Decided January 22, 1957.

Attorney(s) appearing for the Case

John G. Buchanan, Pittsburgh, Pa. (John G. Buchanan, Jr., Smith, Buchanan, Ingersoll, Rodewald & Eckert, Pittsburgh, Pa., on the brief), for petitioners.

Robert C. Barnard, Washington, D. C., for intervening respondents.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

MARIS, Circuit Judge.

This is a petition for a writ of mandamus and prohibition directed to Chief Judge Wallace S. Gourley of the District Court for the Western District of Pennsylvania requiring him to vacate an order made by him on April 24, 1956 and restraining him from taking any further action or proceedings pursuant to the provisions of that order which was entered in a civil action pending in that court entitled "United Exhibitors Inc., et al. v. Twentieth...

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