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BEACON THEATRES v. WESTOVER

No. 45.

359 U.S. 500 (1959)

79 S.Ct. 948

3 L.Ed.2d 988

BEACON THEATRES, INC., v. WESTOVER, U. S. DISTRICT JUDGE, ET AL.

Supreme Court of United States.

Decided May 25, 1959.

Attorney(s) appearing for the Case

Jack Corinblit argued the cause for petitioner. With him on the brief was Elwood S. Kendrick.

Frank R. Johnston argued the cause for respondents. With him on the brief was Hudson B. Cox.

MR. JUSTICE BLACK delivered the opinion of the Court.

Petitioner, Beacon Theatres, Inc., sought by mandamus to require a district judge in the Southern District of California to vacate certain orders alleged to deprive it of a jury trial of issues arising in a suit brought against it by Fox West Coast Theatres, Inc. The Court of Appeals for the Ninth Circuit refused the writ, holding that the trial judge had acted within his proper discretion in denying petitioner...

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