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DELLAR v. SAMUEL GOLDWYN, INC.

No. 278.

104 F.2d 661 (1939)

DELLAR et al. v. SAMUEL GOLDWYN, Inc., et al.

Circuit Court of Appeals, Second Circuit.

June 12, 1939.

Attorney(s) appearing for the Case

Julius Applebaum, of New York City, for appellants.

Dwight, Harris, Koegel & Caskey, all of New York City (Richard E. Dwight, John Fletcher Caskey, and John D. Leggett, Jr., all of New York City, of counsel), for appellees Samuel Goldwyn and Samuel Goldwyn, Inc.

Before L. HAND, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.

PER CURIAM.

This appeal comes up upon a motion to dismiss a bill of complaint upon two causes of suit; one, based upon the infringement by a moving picture of the plaintiffs' literary property in one version of a play; the other, upon infringement of their copyright in another version: the bill fused both causes into one unseparated narrative. The defendants answered, and the plaintiffs filed interrogatories, one of which demanded the production of a "scenario or...

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