BUCKHEAD THEATRE COMPANY v. ATLANTA ENTERPRISES, INC.

No. 20019.

327 F.2d 365 (1964)

BUCKHEAD THEATRE COMPANY and Garden Hills Theatre Company, Appellants, v. ATLANTA ENTERPRISES, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 30, 1964.


Attorney(s) appearing for the Case

W. Bradley Ryan, Boston, Mass., Swift Tyler, John C. Tyler, Tyler, Burns & Tyler, Atlanta, Ga., Barry R. McDonough, Ryan & Ryan, Boston, Mass., for appellants.

W. Colquitt Carter, Henry M. Quillian, Jr., Robert S. Sams, Tench C. Coxe, Troutman, Sams, Schroder & Lockerman, Bryan, Carter, Ansley & Smith, Atlanta, Ga., for appellees.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.


TUTTLE, Chief Judge.

The appeals in these two anti-trust suits, consolidated for trial and appeal, present the question whether the trial court erred in excluding the decrees, findings of fact and conclusions of law in United States v. Paramount Pictures, Inc., from the evidence submitted to the jury during the trial. They then raise the subsidiary question whether such exclusion, if error, requires a reversal and new trial as to count one of the complaint.

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