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EXHIBITORS POSTER EXCH., INC. v. NATIONAL SCREEN SERV. CORP.

No. 26643.

421 F.2d 1313 (1970)

EXHIBITORS POSTER EXCHANGE, INC., Plaintiff-Appellant, v. NATIONAL SCREEN SERVICE CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 26, 1970.

Attorney(s) appearing for the Case

C. Ellis Henican, Jr., New Orleans, La., Glenn B. Hester, Carl E. Sanders, Augusta, Ga., Francis T. Anderson, Yeadon, Pa., Sanders, Hester, Holley, Ashmore & Boozer, Augusta, Ga., Henican, James & Cleveland, New Orleans, La., for appellant, Exhibitors Poster Exchange, Inc.

James G. Burke, Jr., Gibbons Burke, New Orleans, La., Phillip A. Wittmann, William D. Treeby, New Orleans, La., Walter S. Beck, New York City, Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for appellee National Screen Service Corp.

Stone, Pigman, Walther, Wittmann & Hutchinson, Phillip A. Wittmann, William D. Treeby, New Orleans, La., for appellees Columbia Pictures Corporation, Metro-Goldwyn-Mayer, Inc., Paramount Film Distributing Corporation, Twentieth Century-Fox Film Corporation, United Artists Corporation, Universal Film Exchanges, Inc. and Warner Bros. Pictures Distributing Corporation.

Before JOHN R. BROWN, Chief Judge, GODBOLD, Circuit Judge, and CABOT, District Judge.

JOHN R. BROWN, Chief Judge:

Here Exhibitors1 is seeking reversal of the District Court's summary judgment in favor of the defendants. The District Court granted the summary judgment on the basis of the doctrines of res judicata and collateral estoppel, which doctrines are the natural points of dispute of such long continuing private anti-trust cases as this.

Exhibitors is a jobber or rental distributor of advertising posters for...

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