CAREW v. R. K. O. RADIO PICTURES, INC.

No. 824-Y-Civ.

43 F.Supp. 199 (1942)

CAREW v. R. K. O. RADIO PICTURES, Inc., et al.

District Court, S. D. California, Central Division.

January 6, 1942.


Attorney(s) appearing for the Case

Charles B. Taylor, of Los Angeles, Cal., for plaintiff.

Mitchell, Silberberg, Roth & Knupp and Ross R. Hastings, all of Los Angeles, Cal., for defendant R. K. O. Radio Pictures.

Freston & Files, of Los Angeles, Cal., for defendants Decca Distributing Corporation & Columbia Recording Corporation of California.

Samuel M. Roeder, of San Francisco, Cal., and Schwartz & Frohlich and L. D. Frohlich, all of New York City, for defendants Columbia Broadcasting System, Inc., and National Broadcasting Co., Inc., and Gene Buck, as President of American Soc. of Composers, Authors and Publishers.

Samuel M. Roeder, of San Francisco, Cal., for defendant American Society of Composers, Authors and Publishers.


YANKWICH, District Judge.

On the basis of accepted principles, the plaintiff has failed to show a prima facie case. We have never, in the federal courts, adhered to the doctrine of the State courts which is carried to the extreme in California, that a scintilla of evidence is sufficient against a motion to dismiss (or a motion for a nonsuit). Courts of California have gone to the romantic length of saying that even if the...

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