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LEWYS v. O'NEILL

49 F.2d 603 (1931)

LEWYS v. O'NEILL et al.

District Court, S. D. New York.

April 22, 1931.

Attorney(s) appearing for the Case

Charles Firestone, of New York City (Daniel F. Cohalan, of New York City, of counsel), for plaintiff.

Harry Weinberger, of New York City, for defendant Eugene O'Neill.

Hays, St. John, Abramson & Schulman, of New York City (Arthur Garfield Hays and Allan S. Hays, both of New York City, of counsel), for defendants Boni & Liveright, Inc., and Horace Liveright, Inc.

Limburg, Riegelman, Hirsch & Hess, of New York City (Walter M. Schwarz, of New York City, of counsel), for defendant Theatre Guild, Inc.

WOOLSEY, District Judge.

The complaint herein is dismissed with costs, which will include an allowance for counsel fees to all the defendants, as hereinafter fixed and allocated among them.

I. This is a suit in equity based on alleged infringement of copyright, whence arises the jurisdiction of this court.

The plaintiff's book is in the form of a novel called by her The Temple of Pallas-Athenæ, with a subtitle Posterite, and will be hereinafter...

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