DE ACOSTA v. BROWN

No. 82.

146 F.2d 408 (1944)

DE ACOSTA v. BROWN et al.

Circuit Court of Appeals, Second Circuit.

December 13, 1944.


Attorney(s) appearing for the Case

Milton Diamond, of New York City (Diamond, Rabin & Mackay and Henry Turin, all of New York City, on the brief), for defendant-appellant Brown.

Alfred H. Wasserstrom, of New York City (McCauley & Henry, of New York City, on the brief), for defendant-appellant Hearst Magazines, Inc.

Carl J. Austrian, of New York City (Austrian & Lance and E. Robert Marks, all of New York City, on the brief), for plaintiff-appellee.

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


CLARK, Circuit Judge.

Plaintiff has recovered a judgment below based on literary property in the "heart interest" which she has added to the life of a historical character with the avowed intent of making a biographical screen play palatable to the movie audiences of America. The historical character is that of Clara Barton, founder of the American Red Cross, who lived a long and very useful life from 1821 to 1912, in which, however, most of her biographers have found...

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