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DELTA THEATRES, INC. v. PARAMOUNT PICTURES, INC.

No. 25068.

398 F.2d 323 (1968)

DELTA THEATRES, INC., Appellant, v. PARAMOUNT PICTURES, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 28, 1968.

Attorney(s) appearing for the Case

C. Ellis Henican, Henican, James & Cleveland, New Orleans, La., for appellant.

Gibbons Burke, Ashton Phelps, Charles M. Lanier, Chaffe, McCall, Phillips, Burke, Toler & Hopkins, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel, for appellee.

Before COLEMAN and CLAYTON, Circuit Judges, and JOHNSON, District Judge.

Rehearing En Banc Denied August 28, 1968.

CLAYTON, Circuit Judge:

On December 15, 1959, approximately seven years after the commencement of this antitrust action, all the parties were ordered to file as a pretrial procedure a "note of evidence" by April 4, 1960. According to the order, this instrument was to contain names of witnesses and synopses of their expected testimony and a list of documents identified by trial numbers, which were to be offered at trial...

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