BENNY v. LOEW'S INCORPORATED

No. 14928.

239 F.2d 532 (1956)

Jack BENNY, Appellant, v. LOEW'S INCORPORATED, a corporation, and Patrick Hamilton, Appellees. COLUMBIA BROADCASTING SYSTEM, Inc., and American Tobacco Company, Appellants, v. LOEW'S INCORPORATED, a corporation, and Patrick Hamilton, Appellees.

United States Court of Appeals Ninth Circuit.

December 26, 1956.


Attorney(s) appearing for the Case

Wright, Wright, Green & Wright, Loyd Wright, Richard M. Goldwater, Los Angeles, Cal., for appellant Jack Benny.

O'Melveny & Myers, Homer I. Mitchell, W. B. Carman, Warren M. Christopher, Los Angeles, Cal., for appellants Columbia Broadcasting System and others.

Allen E. Susman, Herman F. Selvin, Loeb & Loeb, Los Angeles, Cal., for appellee.

Before BONE, McALLISTER, and CHAMBERS, Circuit Judges.


McALLISTER, Circuit Judge.

Patrick Hamilton, an English author and a British subject, some time prior to December, 1938, conceived and wrote an original play entitled, "Gas Light." It was published and protected by copyright in February, 1939. Shortly thereafter, it was publicly performed in England, first, in Richmond, and later, in London. On December 5, 1941, it was produced as a play in New York under the name, "Angel Street," and had a successful run of 1,295...

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