RANCHO DRIVE-IN THEATRE v. TWENTIETH CENTURY-FOX FILM CORP.

No. 19559.

350 F.2d 856 (1965)

RANCHO DRIVE-IN THEATRE, INC., and Bell Drive-In Theatre, Inc., Appellants, v. TWENTIETH CENTURY-FOX FILM CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

September 20, 1965.


Attorney(s) appearing for the Case

Joseph L. Alioto, G. Joseph Bertain, Jr., San Francisco, Cal., for appellants.

Noble K. Gregory, Allan N. Littman, Wm. I. Edlund, Aaron M. Peck, Pillsbury, Madison & Sutro, San Francisco, Cal., for appellee.

Before BARNES, BASTIAN and MERRILL, Circuit Judges.


BASTIAN, Circuit Judge.

This is an interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), from an Order of the District Court for the Northern District of California, granting partial summary judgment to appellee. This appeal grows out of complex antitrust litigation and only those facts material to a decision here will be recited.

On November 4, 1958, Rancho Drive-In Theatres Corporation (referred to hereafter as "Rancho") filed an anti-trust suit against...

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