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EISMAN v. SAMUEL GOLDWYN, INC.

23 F.Supp. 519 (1938)

EISMAN et al. v. SAMUEL GOLDWYN, Inc., et al.

District Court, S. D. New York.

May 24, 1938.

Attorney(s) appearing for the Case

William Klein, of New York City (Milton R. Weinberger, of New York City, of counsel), for plaintiffs.

Schwartz & Frohlich, of New York City (Louis D. Frohlich, and Herman Finkelstein, both of New York City, of counsel), for defendants Samuel Goldwyn, Inc., and Samuel Goldwyn.

David L. Podell, of New York City (Herman Shulman, of New York City, of counsel), for defendant Eddie Cantor.

O'Brien, Driscoll & Raftery, of New York City, for defendant United Artists Corporation.

WOOLSEY, District Judge.

This motion to dismiss the complaint herein is granted.

The defendants may have a decree dismissing the complaint with costs which, in respect of that part of the cause founded on the Copyright Act, 17 U.S.C.A. § 1 et seq., will, under Section 40 thereof, 17 U. S.C.A. § 40, include reasonable counsel fees to the defendants.

I. This is a motion based on the practice approved by me in Lowenfels v. Nathan, D.C.,

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