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PARAMOUNT FILM DISTRIBUTING CORP. v. CIVIC CENTER THEATRE

Nos. 7565, 7566, 7573, 7585.

333 F.2d 358 (1964)

PARAMOUNT FILM DISTRIBUTING CORPORATION, Warner Bros. Pictures Distributing Corporation, Twentieth Century-Fox Film Company, Columbia Pictures Corporation, Universal Film Exchanges, Inc., and Metro-Goldwyn-Mayer, Inc., Appellants, v. CIVIC CENTER THEATRE, INC., 10th Avenue Drive-In, Inc., Silver Bow Motor-Vu Drive-In, Inc., Bridgeway Drive-In Theatre, Bow Theatre, Inc., Montana Corporations, Appellees. BUENA VISTA DISTRIBUTION CO., Inc., Petitioner, v. The Honorable Willis W. RITTER, United States District Judge, Respondent. CIVIC CENTER THEATRE, INC., 10th Avenue Drive-In, Inc., Silver Bow Motor-Vu Drive-In, Inc., Bridgeway Drive-In Theatre, Bow Theatre, Inc., Montana Corporations, Appellees, v. PARAMOUNT FILM DISTRIBUTING CORPORATION, Warner Bros. Pictures Distributing Corporation, Twentieth Century-Fox Film Company, Columbia Pictures Corporation, Universal Film Exchanges, Inc., NT&T Amusement Corporation, Fox Intermountain Theatres, Inc., Buena Vista Distribution Co., Inc., and Metro-Goldwyn-Mayer, Inc., Appellants. PARAMOUNT FILM DISTRIBUTING CORPORATION, Warner Bros. Pictures Distributing Corporation, Twentieth Century-Fox Film Company, Columbia Pictures Corporation, Universal Film Exchanges, Inc., and Metro-Goldwyn-Mayer, Inc., Petitioners, v. The Honorable Willis W. RITTER, United States District Judge, Respondent.

United States Court of Appeals Tenth Circuit.

June 18, 1964.

Attorney(s) appearing for the Case

Dennis McCarthy, Leonard J. Lewis, and C. Keith Rooker, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, with them on the brief), for appellants-petitioners, Paramount Film Distributing Corp., and others in Nos. 7565, 7573 and 7585.

A. Vernon Carnahan, New York City (Peter Gartland, Donovan, Leisure, Newton & Irvine, New York City, and Hardin A. Whitney, Jr., of Moyle & Moyle, Salt Lake City, Utah, with him on the brief), for appellant-petitioner, Buena Vista Distribution Co., Inc., and others, in Nos. 7566 and 7573.

Daniel L. Berman, Salt Lake City, Utah (Joseph Alioto, San Francisco, Cal., Rawlings, Wallace, Roberts & Black, Salt Lake City, Utah, and G. Joseph Bertain, Jr., San Francisco, Cal., of counsel, were with him on the brief), for appellees, Civic Center Theatre, Inc., in Nos. 7565 and 7573, and respondent, The Honorable Willis W. Ritter, United States District Judge, in Nos. 7566 and 7585.

Before PICKETT, LEWIS and SETH, Circuit Judges.

SETH, Circuit Judge.

The petitioners in Nos. 7566 and 7585 have filed applications for leave to file petitions for writs of mandamus or prohibition to be directed to the trial judge to vacate orders he entered directing petitioners to produce documents under Rule 34 of the Federal Rules of Civil Procedure. These petitions arise from a private antitrust action filed in the United States District Court for the District of Utah. The action was commenced by several Montana...

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