Beacon Theatres v. Westover

252 F.2d 864 BEACON THEATRES, Inc., a corporation, Petitioner, v. The Hon. Harry C. WESTOVER, Judge of the United States District Court of the Southern District of California, Central Division, Respondent. No. 15614. United States Court of Appeals Ninth Circuit. Jan. 7, 1958, Writ of Certiorari Granted May 19, 1958, See 78 S.Ct. 996 . Weller & Corinblit, Los Angeles, Cal., for petitioner. Frank R. Johnston, Los Angeles, Cal., for respondent. Before HEALY, POPE and CHAMBERS, Circuit Judges. POPE, Circuit Judge. 1 This is an original application by Beacon Theatres, Inc., seeking a writ of mandamus directed to the respondent Judge requiring him to take action to vacate certain orders made by him which petitioner asserts will operate to deprive petitioner of its right to trial by jury of certain issues presented by the pleadings in a case still pending in the respondent's court. 2 The petition for the writ and the response disclose that the parties to the pending litigation, Fox West Coast Theatres Corporation, plaintiff, and Beacon Theatres, Inc., defendant, are owners of theatres in or near the City of San Bernardino, California. The plaintiff, here called Fox, a Delaware…