FITCH v. SHUBERT


20 F.Supp. 314 (1937)

FITCH v. SHUBERT et al.

District Court, S. D. New York.

May 11, 1937.


Attorney(s) appearing for the Case

Hays, St. John, Abramson & Schulman, of New York City (Sidney Struble, of New York City, of counsel), for plaintiff.

William Klein, of New York City, for defendants Jacob J. Shubert, Lee Shubert, Select Theatres Corporation, Select Operating Corporation, and Shubert Theatres Corporation.


PATTERSON, District Judge.

The plaintiff brought suit in equity for infringement of copyright on the play "Barbara Frietchie, The Frederick Girl." The present question is whether the plaintiff should have preliminary injunction against the defendants other than Columbia Broadcasting System, Inc.

By the affidavits submitted on the motion for preliminary injunction, the following facts appear: Clyde Fitch wrote a play, "Barbara Frietchie, The Frederick Girl...

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