Westover

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.

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 corporation, owns the “California Thea-tre”. The defendant, here called Beacon, a California corporation, is owner or lessee of the “Bel-Air Drive-In Theatre” situated some 11 miles distant from Fox’s theatre. On October 31, 1956, Fox filed in the respondent’s court a complaint against Beacon which was entitled “Complaint for Declaratory Relief”. The complaint alleged the requisite amount in controversy and both diversity of citizenship of the parties and that the controversy arose under the laws of the United States, (the…