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ORIGINAL BALLET RUSSE v. BALLET THEATRE

No. 106.

133 F.2d 187 (1943)

ORIGINAL BALLET RUSSE, Limited, v. BALLET THEATRE, Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 2, 1943.

Attorney(s) appearing for the Case

A. Walter Socolow, of New York City (Alexander D. Diamond, of New York City, of counsel), for appellant.

Cohen, Cole, Weiss & Wharton, of New York City, for appellee Ballet Theatre, Inc.

Garfield, Wrubel & Lazarus, of New York City, for appellee German Sevastianov.

Elias Lieberman, of New York City, for appellees Hurok Attractions, Inc., and Solomon Hurok.

Harry J. Leffert, Robert H. Wrubel, and Vinson C. Aronson, all of New York City, of counsel, for appellees.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

Original Ballet Russe, Ltd., incorporated under the laws of England and engaged in the business of producing ballet performances throughout the world, brought this action in the court below against Ballet Theatre, Inc., alleged to be a competitor of plaintiff, and three other defendants. Federal jurisdiction rests on diverse citizenship. The complaint alleged that the defendants maliciously formed "the deliberate design and purpose by unlawful...

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