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SOUTHEASTERN PROMOTIONS, LTD. v. CONRAD

No. 72-1672.

486 F.2d 894 (1973)

SOUTHEASTERN PROMOTIONS, LTD., Plaintiff-Appellant, v. Steve CONRAD et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 30, 1973.

Rehearing and Rehearing Denied October 30, 1973.

Attorney(s) appearing for the Case

Henry P. Monaghan, Boston, Mass., John Alley, Alley & Raulston, Chattanooga, Tenn., Gerald A. Berlin, Boston, Mass., on brief, for plaintiff-appellant.

Randall L. Nelson, Special Counsel, Chattanooga, Tenn., Eugene Collins, City Atty., Chattanooga, Tenn., on brief, for defendants-appellees.

Before WEICK and McCREE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied October 30, 1973.

O'SULLIVAN, Senior Circuit Judge.

This is an appeal from dismissal of plaintiff-appellant's complaint seeking a declaratory judgment and a mandatory injunction whereby to require the Municipal Auditorium Board of Chattanooga, Tennessee, to lease a municipal theatre to appellant, there to exhibit the stage play HAIR. The theatre in question was under the control...

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