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COLLINS v. METRO-GOLDWYN PICTURES CORPORATION

No. 361.

106 F.2d 83 (1939)

COLLINS v. METRO-GOLDWYN PICTURES CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

August 7, 1939.

Attorney(s) appearing for the Case

Harry Weinberger, of New York City (Harold M. Weinberger and Chester A. Pearlman, both of New York City, of counsel), for appellant.

J. Robert Rubin, of New York City, (Samuel D. Cohen, David O. Decker, and Earle L. Beatty, all of New York City, of counsel), for appellees.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The question to be met at the outset is whether an appeal will lie from an order dismissing a claim for infringement of the copyright of a book when the court has not disposed of a claim joined with it for unfair competition, alleged to have arisen from the use of the title of the copyrighted book as the title of an alleged infringing motion picture. In Sheppy v. Stevens, 2 Cir., 200 F. 946, we held that an appeal would not lie in...

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