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DELTA THEATRES v. PARAMOUNT PICTURES

No. 17149.

259 F.2d 563 (1958)

DELTA THEATRES, Inc., Appellant, v. PARAMOUNT PICTURES, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 27, 1958.

Attorney(s) appearing for the Case

Murray F. Cleveland, C. Ellis Henican, Henican, James & Cleveland, New Orleans, La., for Delta Theatres, Inc., appellant.

Gibbons Burke, Ashton Phelps, Phelps, Dunbar, Marks, Claverie & Sims, Chaffe, McCall, Phillips, Burke & Hopkins, New Orleans, La., for appellees. E. C. Raftery, New York City, Harry McCall, New Orleans, La., E. Compton Timberlake, Marvin Ginsky, New York City, of counsel.

Jackson, Smith, Mayer & Kennedy, J. H. Jackson, Smallenberger, Eatman & Morgan, LeRoy Smallenberger, Shreveport, La., amici curiae.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.

CAMERON, Circuit Judge.

The question upon which this case will be decided is whether or not the order entered by the court below restricting recoverable damages to those suffered within one year of the filing of the complaint is a final decision so as to be appealable under 28 U.S.C.A. § 1291 and § 1292. We raised the question during the oral argument, and we think the order was not one from which the statutes permit an appeal. The opinion of the court below...

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