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WARNER BROS. PICTURES v. MAJESTIC PICTURES CORP.

No. 169.

70 F.2d 310 (1934)

WARNER BROS. PICTURES, Inc., v. MAJESTIC PICTURES CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

April 16, 1934.

Attorney(s) appearing for the Case

Thomas & Friedman, of New York City (Morris Ebenstein, of New York City, of counsel), for complainant-appellant.

Krellberg & Fitzsimons, of New York City (Alfred S. Krellberg and Arthur J. Homans, both of New York City, of counsel), for defendants-appellees.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from an order denying a motion to enjoin the defendants pendente lite from producing a talking motion picture under the title "Gold Diggers of Paris." "The Gold Diggers" was the title of a play by Avery Hopwood which was produced by David Belasco at the Lyceum Theater in New York, and continued for 90 successive weeks after opening on September 30, 1919. Subsequently the play was taken on tour through the United States...

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