Legal Opinion

Delta Theatres, Inc. v. Paramount Pictures, Inc.

Court of Appeals for the Fifth Circuit

Decided August 28, 1968No. 25068_1PublishedCited by 26 opinions

1Opinion of the Court

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. These notes were never filed. On March 2, 1967, appellees moved to dismiss “on the ground that plaintiff has *324failed to prosecute this action since December 15, 1960”. After…

2Cases cited13 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
  3. Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
  4. Quillie B. Woodham v. The American Cystoscope Company of Pelham, N. Y., and the Xyz CorporationCourt of Appeals for the Fifth Circuit · 1964
  5. Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940

8 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Lyell Theatre Corp. v. Loews Corp.Court of Appeals for the Second Circuit · 1982
  2. Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  3. Tyrone SILAS, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978
  4. Johnny B. McGOWAN, Et Al., Plaintiffs-Appellants, v. FAULKNER CONCRETE PIPE COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  5. Admiral Theatre Corp. v. Douglas Theatre Co.Court of Appeals for the Eighth Circuit · 1978

21 more not listed; retrieve them via the Exa API.

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