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WIREN v. SHUBERT THEATRE CORPORATION

5 F.Supp. 358 (1933)

WIREN v. SHUBERT THEATRE CORPORATION et al.

District Court, S. D. New York.

August 24, 1933.

Attorney(s) appearing for the Case

Oscar B. Wiren, of New York City, for complainant.

Austin C. Keough, of New York City (by Louis Phillips, of New York City), for defendant Paramount Famous Lasky Corporation.

William Klein, of New York City (by Milton R. Weinberger, of New York City), for defendants Shubert Theatre Corporation and others.

GODDARD, District Judge.

This is a motion by the defendants to dismiss the bill of complaint upon the ground that it does not set forth facts sufficient to constitute a cause of action, and particularly that it affirmatively appears from a reading of the complainant's play "Most" and the complainant's translation of "La Morte in Vacanze" or "Death Takes a Holiday," both of which are annexed to the complaint, that there is...

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