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SILLMAN v. TWENTIETH CENTURY-FOX

3 N.Y.2d 395 (1957)

Leonard Sillman et al., Appellants, v. Twentieth Century-Fox Film Corporation, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Jay Leo Rothschild and Max Chopnick for appellants.

Whitman Knapp, David Simon and David D. Brown, III, for respondent.

CONWAY, Ch. J., VAN VOORHIS and BURKE, JJ., concur with FROESSEL, J.; FULD, J., dissents in an opinion in which DESMOND and DYE, JJ., concur.

FROESSEL, J.

Defendant Berman Swarttz Productions, Inc., (hereinafter called Swarttz) entered into separate contracts, under date of June 30, 1953, with plaintiffs and various other persons interested in the Broadway musical revue "New Faces of 1952", in order to produce a motion picture version of the stage production. Plaintiffs' contracts may be summarized as follows:

Swarttz agreed to pay each...

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