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MURPHY v. WARNER BROS. PICTURES

No. 9304.

112 F.2d 746 (1940)

MURPHY et al. v. WARNER BROS. PICTURES, Inc.

Circuit Court of Appeals, Ninth Circuit.

June 7, 1940.

Attorney(s) appearing for the Case

Harold A. Fendler and Roger Marchetti, both of Los Angeles, Cal., for appellants.

Herbert Freston, J. R. Files, Ralph E. Lewis, and John P. McGinley, all of Los Angeles, Cal. (Freston & Files, of Los Angeles, Cal., of counsel), for appellee.

Before WILBUR, DENMAN, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

The plaintiffs claim an infringement of their copyrighted play entitled "The Nightmare". The defendant produced a talking picture version thereof entitled "Sh — the Octopus". A written contract was entered into in New York on April 30, 1928, between the plaintiffs and defendant's assignor conveying motion picture and sound rights in the plaintiffs' copyright. The contract provided that it should be construed according to the laws of the...

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