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3 PENNY THEATER CORP. v. PLITT THEATRES, INC.

No. 86-1868.

812 F.2d 337 (1987)

3 PENNY THEATER CORPORATION, Plaintiff-Appellant, v. PLITT THEATRES, INC., individually and d/b/a Carnegie Theatre, Inc., Esquire Theatre, Water Tower Theatre, Lake Shore Theatre, Biograph Theatres, United Artists Theatre, and Chicago Theatre; Essaness Theatres Corporation and Essaness Theatres Corporation of Ill., both individually and d/b/a Chestnut Station Theatres and Woods Theatre; Paramount Pictures Corporation; Twentieth Century-Fox Film Corporation; Columbia Pictures Industries, Inc.; Embassy Pictures; Buena Vista Distribution Co., Inc.; United Artists Corporation; Warner Bros. Distributing Corporation; and Universal Film Exchanges, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 19, 1987.

Rehearing and Rehearing Denied March 25, 1987.

Attorney(s) appearing for the Case

Andrew B. Spiegel, Law Office of Andrew B. Spiegel, Chicago, Ill., for plaintiff-appellant.

Robert W. Bergstrom, Bergstrom, Davis, & Teeple, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, FLAUM, Circuit Judge, and REYNOLDS, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 25, 1987.

FLAUM, Circuit Judge.

The 3 Penny Theater Corporation ("3 Penny") appeals from the district court's dismissal of its case for want of prosecution under Federal Rule of Civil Procedure 41(b). 3 Penny also appeals from the district court's denial of its motion to vacate the dismissal and reinstate the case under Federal Rule of Civil Procedure 60(b). We affirm the judgment of the district court.

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