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BARRY v. HUGHES

No. 12.

103 F.2d 427 (1939)

BARRY v. HUGHES et al.

Circuit Court of Appeals, Second Circuit.

April 17, 1939.

Attorney(s) appearing for the Case

L. A. Janney, of New York City (Joseph F. Sharp and Glen N. W. McNaughton, both of New York City, of counsel), for appellant.

O'Brien, Driscoll & Raftery, of New York City (Arthur F. Driscoll, and Paul D. O'Brien, both of New York City, of counsel), for appellees.

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

PER CURIAM.

The question is whether the defendants were plagiarists of the plaintiff, Barry's, story. The theory is that Mackay saw it, and made it the basis of his play, which the defendants bought and used for one incident of their film. Several questions arise: (1) whether Mackay copied Barry's story at all; (2) if he did, whether the defendants are chargeable with his use of it; (3) if Mackay copied it, and they followed him, whether they took more than Barry...

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