Facts: Beacon (B) and Fox (F) ran movie theaters. B objected to F’s practice of exercising rights to be the first to show a movie before anyone else could. B pursued an anti-trust claim. In response, F sought a judicial declaration that F in fact had not run afoul of anti-trust rules, and that B would be enjoined from pursuing B’s claim until the matter in re the declaration could be heard by the court. But B filed an anti-trust counter claim. The court sided with F, taking the position that it could only adjudicate the F claim before it addressed the B claim, assuming the court decided B had a claim. Not wanting to have the matter split, B filed a writ so the court would hear both matters.

History: The circuit court of appeal denied but