Winchester Drive-In Theatre, Inc. v. Warner Bros. Pictures Distributing Corporation

358 F.2d 432 WINCHESTER DRIVE-IN THEATRE, INC., Syufy Enterprises, Inc., Rancho Drive-In Theatre, Inc., and Bell Drive-In Theatre, Inc., Appellants, v. WARNER BROS. PICTURES DISTRIBUTING CORPORATION, Appellee. No. 19762. United States Court of Appeals Ninth Circuit. March 21, 1966. Joseph L. Alioto, G. Joseph Bertain, Jr., Matthew P. Mitchell, San Francisco, Cal., for appellants. Noble K. Gregory, Allan N. Littman, William I. Edlund, Walter R. Allan, of Pillsbury, Madison & Sutro, San Francisco, Cal., for appellee. Before BARNES, BASTIAN and MERRILL, Circuit Judges. MERRILL, Circuit Judge: 1 This action was brought by appellants under the antitrust laws. Appellee defended upon the ground, among others, that the parties had entered into an agreement of settlement which appellee had fully performed. A separate jury trial was ordered on this issue, resulting in a jury verdict in favor of appellee. The District Court held further hearings on appellee's counterclaim for costs and damages and entered final judgment in appellee's favor, from which this appeal is taken. 2 Appellants' position is that the antitrust suit was not settled. In the trial court they disputed the terms of the…