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SHELDON v. METRO-GOLDWYN PICTURES CORPORATION

No. 118.

81 F.2d 49 (1936)

SHELDON et al. v. METRO-GOLDWYN PICTURES CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

January 17, 1936.

Attorney(s) appearing for the Case

O'Brien, Driscoll & Raftery, of New York City (Arthur F. Driscoll, Edward J. Clarke, and Sidney G. Rosenbloom, all of New York City, of counsel), for appellants.

Nathan Burkan and J. Robert Rubin, both of New York City (Louis D. Frohlich, David O. Decker, and Herman Finkelstein, all of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The suit is to enjoin the performance of the picture play, "Letty Lynton," as an infringement of the plaintiffs' copyrighted play, "Dishonored Lady." The plaintiffs' title is conceded, so too the validity of the copyright; the only issue is infringement. The defendants say that they did not use the play in any way to produce the picture; the plaintiffs discredit this denial because of the negotiations between the parties for the purchase of...

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