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BEIN v. WARNER BROS. PICTURES

No. 158.

105 F.2d 969 (1939)

BEIN v. WARNER BROS. PICTURES, Inc.

Circuit Court of Appeals, Second Circuit.

July 20, 1939.

Attorney(s) appearing for the Case

Julian T. Abeles, of New York City (Arnold J. Bernstein, of New York City, of counsel), for appellant.

Thomas & Friedman, of New York City (Stanleigh P. Friedman, Joseph D. Karp, and Harold Berkowitz, all of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

The suit is for infringement of copyright. The one issue is whether the defendant infringed. The district judge after trial on the merits held that there was no infringement and dismissed the case.

The plaintiff wrote a novel, "Youth in Hell", and also a play, "Road Out of Hell", both dealing with life in a reform school. He later wrote a revision of the play and called it "Little Old Boy...

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