South Side Theatres, Inc. v. United West Coast Theatres Corporation 12165

178 F.2d 648 SOUTH SIDE THEATRES, Inc., et al. v. UNITED WEST COAST THEATRES CORPORATION et al. 12165 United States Court of Appeals Ninth Circuit. Dec. 22, 1949. Rehearing Denied Feb. 1, 1950. 1 Macfarlane, Schaefer & Haun, Henry Schaefer, Jr., William P. Gamble, James H. Arthur, Los Angeles, Cal. (Russell Hardy, Los Angeles, Cal., of counsel), for appellants. 2 Gurney E. Newling, Clyde E. Holley, George W. Tackabury, Frank R. Johnston, Newling, Holley, Sandmeyer & Tackabury, Los Angeles, Cal., for appellees. 3 Before BONE, Circuit Judge, and LING and DRIVER, District Judges. 4 DRIVER, District Judge. 5 Defendants' appeal from an order approving a receiver's final account raises the single issue whether the district court had jurisdiction of the action in which the receiver was appointed. In their complaint the plaintiffs, United West Coast Theatres Corporation and Fox West Coast Agency Corporation, asked for declaratory relief under Section 2201 of Title 28 U.S.C.A., and for the appointment of a receiver to operate defendants' theatre property involved in the controversy. The receiver was appointed, operated the property for approximately seventeen months and filed his…