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SHURR v. WARNER BROS. PICTURES

No. 327.

144 F.2d 200 (1944)

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

Circuit Court of Appeals, Second Circuit.

June 30, 1944.

Attorney(s) appearing for the Case

John E. Donnelly and Peter J. McCoy, both of New York City, for appellants.

Benjamin Pepper and R. W. Perkins, both of New York City (Joseph D. Karp and Stanleigh P. Friedman, both of New York City, of counsel), for defendants-appellees Warner Bros. Pictures, Inc., Vitagraph, Inc., and Jacob Wilk.

O'Brien, Driscoll & Raftery, of New York City, for defendants-appellees Frank Capra and Frank Capra Productions, Inc.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiffs appeal from a judgment, dismissing their complaint for the infringement of their copyrighted play: "The Stuffed Shirt," which they alleged the defendants plagiarized to produce the "screen play": "Meet John Doe," and a moving picture based upon it. They sued Warner Bros. Pictures, Inc., which produced the picture; Vitagraph, Inc., which distributed it; Riskin, its author; Capra, his associate, and the producer and director of...

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